Federal Court Decides on Holocaust Denial Matter in Correspondence with Tax Authorities
In August 2023, the Munich II Regional Court decided that despite Sylvia S.'s denial of the Holocaust in a lengthy letter to the authorities, she was freed of the accusation of stirring up hatred. The court concluded that no offense was committed since Sylvia had not broadcasted her beliefs, but rather confined them to the letter.
The letter was actually focused on a tax matter. The Munich court believed that Sylvia had intended it to be regarded as an appeal and handled privately by the case managers.
Following this, the public prosecutor's office appealed to the Federal Court of Justice to reconsider the court's judgment. The attorney from the Federal Prosecutor's Office in Karlsruhe argued that Sylvia couldn't control who her letter would be forwarded to. It was also not implausible, he suggested, that Sylvia was eager for her views to be heard by a wide audience.
Previously, Sylvia had been convicted twice for incitement and sentenced to imprisonment. According to the prosecutor's representative, Sylvia had delivered lectures on her views to large crowds and enjoyed some degree of fame. He suggested that Sylvia must have anticipated her letter would be read out in a public court hearing.
However, the defense argued that the incitement offense should be interpreted narrowly. Not every action could be criminalized, he argued. People would then be afraid that their statements in private discussions could become public, he added.
He emphasized that financial authorities have a duty to maintain confidentiality. Sylvia hadn't even anticipated that her letter would be disseminated within the authority, he said. A verdict was not announced on Thursday. The Federal Court of Justice will pronounce its judgment on September 25.
- Despite the public prosecutor's office appealing to the The Court of First Instance being bypassed due to Sylvia's letter, they decided to wait for the judgment from the Federal Court of Justice on September 25.
- If Sylvia's letter had been handled by the authorities as an appeal to The Court of First Instance, she might have faced less controversy and potential charges of stirring up hatred.
