District Court Ebersberg: It was just fun – Ebersberg

Of course, the special affairs officer tries to downplay his specialty. The 46-year-old was commissioned in 2016 by the self-proclaimed Bavarian “government” in the northern district of Ebersberg, a fantasy creature from outer space “Reichsbürger”. The fact that he not only bought and used his own hand-made “state” identity cards, but also helped his fellow Reich citizens disseminate more of these imaginary documents to the public, resulted in him being punished for falsifying documents. The District Court now had to decide the objection.

How and why he got in touch with representatives of the organization that has since been renamed the “Volksstaat Bayern”, he can no longer tell after so long, said the accused, but “I don’t want to know anything more about them, I just want to be left alone in front of these things” . He can no longer say why he was appointed by the “Reich Government” Special Representative on the basis of the “Nomination Document”, but has never performed any tasks for the “Federal State”. And the documents – driving license, home certificate and another ID card – are “rubbish” anyway.

The prosecutor sees a risk of confusion

His lawyer compared the identity cards he had made with the carnival medal. As a point of reference, she cited two judgments of the Higher Regional Courts in Munich and Bamberg, which ruled in similar cases that the ‘Reichsbürger’ documents were not forged documents as they were not illegally duplicating real identity cards.

An argument that the prosecutor’s office and the court did not want to follow. Documents created by the “state” sometimes look confusingly similar to existing documents. According to an expert report by the Bavarian Ministry of Culture, the coat of arms used by the “state” is almost identical to the real coat of arms of Bavaria, which was in use until 1918 – and which in turn corresponds very closely to the coat of arms of today’s state. And the driving license looks almost exactly like the “old gray rag” according to the prosecutor. An “inexperienced third party” could therefore certainly get the impression that these are official documents.

The accused himself more or less voluntarily admitted that this was the case. He described how he once used his “state” driver’s license to identify himself when he was a truck driver at a stop. The policeman even praised his ID card and allowed him to go on. The prosecutor suspected that he was more likely to be deceived.

It has nothing to do with “Reich citizens.”

The court also refused to admit that the accused had never performed any work for the “state”. There were many “documents” that the defendant had signed. Maybe his friends at the time would have given him something to sign, said the 46-year-old, but he couldn’t remember working for the “state”.

The defense asked for the accused to be acquitted. The lawyer explained the then fascination of her client with “Reich citizens” for the great movement of refugees that had started shortly before. In the meantime, however, he distanced himself from these views. The prosecutor also found it, but the 46-year-old didn’t seem really guilty, “trying to keep it all fun.” Nevertheless, the documents used by the accused and probably also disseminated should be classified as forged documents.

The court complied with the prosecutor’s judgment and the defendant was sentenced to 90 daily rates, 15 euros each. The criminal order still had 95 daily rates of 40 euros each, but the amount was reduced due to the tense financial situation of the defendant. In this case, however, it is left with the forgery of documents as well as supporting and inciting official complaints, says Vera Hörauf, chairman. Incidentally, this legal opinion was also confirmed in a similar proceeding before the district court of the next higher instance. Soon he will also have to deal with the case of the commissioner for special affairs, who declared in the courtroom that he wanted to appeal.

Leave a Comment