Böhmermann-Leak: Strafanzeige nach Veröffentlichung geheimer NSU-Akten | Anwalt Christian Solmecke
The archives of the Hessian Office for the Protection of the Constitution relating to the National Socialist underground or also known as the NSU were supposed to remain under lock and key for no less than 120 years. First they are written with the fingers and published on the Internet. Our chancellor doesn't think it's that good at all. He gives Jan Bö
hmermann a big snub to the show house and says that something like that should not go down well if the secret files are published like this, in fact, it can represent a criminal. offense, but for whom does jan Bö
hmermann have to go to prison soon?
Will we never see the ZDF Magazin Royale again? It's your nice podcasts that will soon be a thing of the past and then I have nothing more to report. We'll watch this video. hello I am
Solmecke Lawyer and Partner of the Cologne media law firm WBS legal and I would be happy to subscribe to this channel if you like legal topics about the National Socialist underground and the publication of secret files, yes those were crackers than ZDF Magazin Royale was getting more and more into not just comedy but also investigative journalism good practice we have a quick look you can see here jan Bö
hmermann showing the files that actually should be secret for 120 years and he says it's that is why the protection of the constitution publishes them together with the ZDF Royale magazine and asks about the start today at this time of the so-called nsu files, the secret test report on the protection of the constitution, which should actually be kept under lock and key until 2044, so that everyone can download it complete and browsing, our national The secret service already knows what is happening, so the archi vos were published only 120 years ago.
Shutter life was advertised and then said another 30 years. These files are long closed and are now simply public because Bö
hmermann got his hands on it or his team was probably the last to get their hands on it when it was all typed up and now it's out on the internet for everyone who doesn't. I don't remember exactly what the National Socialist underground was and what is really in these archives. Where is the NSU? It was about a three man squad that committed racially motivated murders between 2000 and 2007, among other things 9 people were killed by the policewoman was also there there were 43 assassination attempts on top of that three explosive devices and attacks and 15 robberies so the kids were really in great spirits and one of the boys and girls is still alive i.e.
Beate Chape who has now been sentenced to life imprisonment with remand and particular severity and particular severity of guilt to others both blew themselves up chelsepp We were caught relatively quickly so one is still alive and is in prison. The police are fumbling in the dark. He thought so, they were probably somehow among the victims. or too late, in other words, the complete failure of the protection of the constitution, so now it was as if one of the NSU raids was also committed in northern Hesse and then the Hesse interior minister said in 2012 that we have to investigate it now we have to see what kind of information we had there and we have always taken good measures against right-wing extremism in Hesse and then there was a final report from the State Office for the Protection of the Constitution in Hesse, which is colloquially called nsu archives and there is a petition because the very nsu archives should be kept under lock and key for only 120 years in the 30s and this petition demands that d These nsu archives are made public twice here you can see this petition The Hesse state parliament publishes the archives nsu together against right-wing extremism 134,000 people demand that they do not want this to continue to be classified but that we finally know what mistakes have been made the one that is now has written the stuff is the action calling for the state under nsu-
Aktenpunkt for free by the Office for the Protection of the Constitution put online and you can already see it here so here's a great explanation on what the guy of archives are those who wanted to keep secret, then you can see the video of Bö
hmermann and then here are the archives, it is 173 pages, you can see here secret officially keep secret subsequent deletion of attachments is the letter classified as matter vs only for official use here again classified classified matter classification ends at the end of the year 2134 so that no one can see this for that long File examination final reports file review at the Office for the Protection of the Hessian Constitution in 2012, so here are the 174 pages that are now freely available on the internet.
hmermann commented on this on Twitter commented that it was about the fact that the first ones said that yes it could be punishable there is a lawyer who says that it could be punishable look at us right away and others in turn will defend Bö
hmermann and say well well at least someone is revealing now what the state is doing wrong here and interestingly the intelligence agency said that filing a criminal complaint relatively quickly was a secret file if you filed a criminal complaint here and I found it quite funny mayor surprisingly quickly and actively the intelligence agency of Hessian so they got there quickly so even a necklace they just have to file a criminal complaint in the blink of an eye t and the last one which is Olaf Scholz says he criticizes sometime for the post says this procedure It shouldn't set a precedent because it says well we have law and order in Germany and law and order must not be violated on purpose. or from secret files your data is also secret, by the way, and affected by the lack of data from Facebook en masse.
Check the title below to see if you are affected. I know some of you have already double checked it if it's not affected. affected we are dealing with €1000 for kicking him out also because secret files are the personal data that is now online and it is secret files what might fit better is that the publication of such classified documents is a crime and the crime I want show them sometime This is article 353b of the Penal Code Violation of professional secrecy and a special secret m holding obligation yes securities access to these files access to these files authorized access was had by members of two investigation committees of the Parliamentary Control Commission for the Protection of the Constitution the Federal Criminal Police Office the General Prosecutor's Office and LKA Hessen had access but they were all bound to secrecy because it was a closed matter and everyone can violate this rule 353b penal code they are public officials they were entrusted with a secret they were secret files of course they didn't want anything to get out there, like protection constitutional determines that no informer is arrested, for which they give reasons and that is what Olaf proudly says in his statement of why things are classified as secret in Germany, it is not just about wanting to cover something up, but that sometimes it makes a lot of sense Ask the state and Bö
hmermann wanted to prevent it now to the extent that he tried to damage everything there Informants nn would have exposed personal data that has already been redacted, but the whole process in the Office for the Protection of the Constitution now it would be public to everyone, so Bock can pull all 1073 pages in there, so here you can see he can. can be punished up to one year off and so on can be punished even more severely if these are very important secrets and and it is a fact, however, one must be able to belong to this group of perpetrators must be a public official must be especially bound must exercise powers under the staff representation law or European officials must be present one says that the Bö
hmermann is nothing of the kind and that the archives were not entrusted to it, i.e. it is not the group of people to whom it should be addressed 353b of the Criminal Code, so it is a fact that whoever made the files public here has a problem that, if he comes out now, he can go to jail for what we are not, but ultimately, he can go to jail for this, especially if you make such a large document of 173 confidential pages public, so we already have someone who has committed a crime, but Bö
hmermann has also committed a crime, let's see if he can implement ar 353b penal code in some other way everything is a special crime for certain officials Bö
hmermann is not one of them, that means he himself cannot have committed the crime directly, but may have been an accomplice or incitement to the commission of this crime and we have to do that Now take a close look at what exactly is possible Criminal liability for assistance is always considered if Jan Bö
hmermann provided assistance with the illegal transfer of the files This could have been so-called psychological assistance, for example, if he knows the perpetrator, i.e. who has the files that the project encourages, it doesn't have to be Boeh mermann it could also have been someone on his team.
Hey, yeah, he's totally smart. Give us the files so you can get them and maybe you can play a part again so the files get into your hands. Somehow, the culprit of his decision published the files that would actually be a case of aid and this aid is penalized by journalists like Bö
hmermann, but here it is regulated, so if you encourage someone to publish these things it is relatively new in 300 or thanks for the actions of help 953b3a an empire in 53 subsection 1 number 5 of the criminal process folder the persons mentioned are not illegal if they are limited to receiving evaluation or publication of the secret or the matter or a message to the secret there is an obligation special for what currently in 53 booth among other journalists inside I tell you now it is leaving I do not understand it at the moment in which a journalist only accepts files only abroad or published and thus has received the article, yes, he is not an accomplice of the violation of official secrets, then as a journalist you have to be Bö
hmermann, who may have started out as a comedian, but now a bit in the role of investigative journalist comes with his podcast still does a lot of clothes but here at ZDF Magazin Royale is clearly also very investigative with a large number of views you can say 300 353b paragraph 3a would protect you here because you only received stuff actually there are already the first lawyers who say yes , but if that also applies if you publish large amounts of data about it can be argued again because it's not just individual information but very large files, then if that is still covered by the exception about it, academics now argue that Jan Bö
hmermann speaks here, of course, rlich, who has deleted the files in many places, wanted to fulfill his journalistic mission, he wanted to show that the protection of the constitution does not work correctly and in this sense there is some evidence that this psychological help is ruled out, but it could also be argued that well he typed it up to erase any trace of the real perpetrator, he wanted to cover up r this illegality of the perpetrator, that is, the public official, so that he now he cannot see where the files come from; otherwise, he should say well for the protection of journalists. sources is a completely normal thing there is a new press freedom law in the EU that even stipulates that journalists sources must be protected as long as there is no argument against Bö
hmermann as far as I would say it helps probably is excluded, however, it could be a conviction for incitement, that would be the case if the boys and girls of ZDF Magazin Royal only listened marginally because someone has access to them A kten and then asked and persuaded him to give us the shares , first they instigated it, I hadn't even planned to steal the files or pass them on in any way before, but they just instigated the files to be passed so it does matter if they just go along with it or if someone calls Bö
hmermann's and they go along or if they say hey what? why don't you bring the files?
There are simply no such justifications within the framework of incitement as we have aiding and abetting the action and doing in such a case the person is also criminally prosecutable now it is simply not clear whether anyone here persuaded members of the authorities no one knows how Bö
hmermann and his team got hold of the files and it is also relatively difficult to prove to you that criminal charges have immediately been filed against Bö
hmermann's team, first of all, it is only about the official who made the files public here the Office for the Protection of the Constitution was really very fast here investigations have been launched into the mole who is at fault here but in reality if it turns out in the context that Bö
hmermann somehow instigated or his team instigated the public prosecutor would also have to investigate against Neo's team Magazin or those responsible there and then would also face a prison sentence of up to to a year here.
In any case, as happened with the Erdogan scandal with the poem against Erdogan, Bö
hmermann wants to push the limits of art again and test the freedom of the press, even on the right, professors are now arguing about how the action will be evaluated, theCriminal liability is definitely an option, ask the state, those who posted this said that we are prepared for a legal dispute and we are prepared I think it is exciting if investigations will also be launched against Bö
hmermann and the team. I suppose the investigations will be carried out here. If you want to know how this turns out, please subscribe and then I will. of course watch it again and evaluate it legally here because here on this channel there is daily news legal video as soon as you watch just watch these two videos to shorten the time until tomorrow stay healthy dear friends thank you for being my guest again today bye and until then