Incitement to hatred of the people
October 24, 2015 | 30,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
If one receives a complaint for incitement to hatred that allegedly originated from their Facebook account, even though it was not them who wrote it, but the IP address matches, what can one do in this situation? Is it worth hiring a lawyer?
Do individuals always face the possibility of a prison sentence for incitement to hatred, leading to the loss of their entire livelihood, or is there a way to resolve it financially?
A counter-complaint was immediately filed against an unknown individual for these reasons. However, this was done two weeks before the incoming complaint. Will this be taken into consideration and viewed as mitigating circumstances?
The issue is that one cannot prove their innocence, as no one else is present at the computer besides oneself.
Dear questioner,
The incitement of the masses paragraph contains several paragraphs with different levels of punishment. A colleague on site could find out exactly what you are accused of through access to the files. The penalty range is a fine or imprisonment of up to 5 years, depending on which paragraph you are alleged to have violated.
If the imprisonment is up to 2 years, there is a possibility that it may be suspended on probation.
Hiring a lawyer makes sense because they can ensure that the lowest possible sentence is imposed within the penalty range.
For now, you should refrain from making a statement until your colleague has reviewed the files.
Then you can consider whether you were really the only one who had access to your internet connection. Perhaps you had visitors or you use a Wi-Fi network that a neighbor could have hacked into.
You do not have to prove your innocence. The prosecution must prove your guilt.
Your counterclaim does not influence the punishment.
Best regards,
Bernhard Müller, Attorney
