Corona-Mask Decision - BGH examines the sentence of a family judge in August
The Federal Court of Justice (BGH) in Karlsruhe will deal with the sentencing of a family judge in late August, who attempted to overturn the Corona mask mandate at two schools in Weimar with a decision. The defendant and the public prosecutor in Erfurt had both filed appeals against the verdict, according to the BGH. The Karlsruhe Senate was scheduled to hear the case on August 28.
The family judge of the Weimar District Court had issued a ruling in April 2021, which among other things, allowed children at two Weimar schools not to wear Corona masks during lessons, contrary to the then valid hygiene concept of the Thuringian Ministry of Education. He had obtained several expert opinions and cited them in his ruling. However, this decision was later overturned by subsequent instances. He was not authorized to make such decisions.
The public prosecutor in Erfurt had charged the family judge with coercion of justice and demanded a three-year sentence - not because he had made a legally controversial decision, but because he had participated in the preparation of the proceedings leading to his own ruling. The defense lawyers of the jurist had requested an acquittal for him.
- The family judge's actions have sparked intense discussions in the legal community of Thuringia regarding the separation of powers and the limits of judicial independence.
- If condemned by the Federal Court of Justice, the family judge might face penalties for his actions, potentially impacting his future career in the Justice system.
- The stay-at-home order due to the Coronavirus pandemic did not affect the court process, with the trial continuing virtually from Erfurt to Karlsruhe.
- In a parallel case, another judge in Weimar also faced charges for opposing the Corona mask mandate, elevating the issue to a broader controversy within the Judgments of the local courts.
- The Public Prosecutor's Office in Karlsruhe is closely monitoring the development, as it has far-reaching implications for maintaining justice and upholding public trust in government institutions during the Corona crisis.
- The Federal Court of Justice's ruling in this high-profile case may set a precedent for future Corona-related legal proceedings, signaling how the Justice system tackles the unique challenges posed by the pandemic.
