Secrecy of City Council Remains Unrevealed through Lack of Disclosure Mechanism - Absence of Prosecution for Alleged Betrayal of the City Council
In a recent turn of events, the criminal proceedings against Darmstadt city councilor Paul Wandrey (CDU) for allegedly leaking a surveillance video showing a fatal attack have been dropped.
The incident, which took place on Darmstadt's Luisenplatz in November 2023, was captured on CCTV cameras. The video depicted a brutal attack on a homeless man, with specific details of the punches and kicks clearly visible.
The leaking of official secrets is primarily regulated under the German Criminal Code (Strafgesetzbuch, StGB). In this case, the applicable laws include Section 202a-c StGB (Data Espionage and Data Interference), Section 93 StGB (Breach of Official Secrets), and Section 94 StGB (Disclosure of Secrets by Public Officials).
These laws treat leaking official secrets as a criminal offense, and the severity of penalties depends on the nature of the secret and the harmfulness of the disclosure. German law also enforces strict data protection and confidentiality obligations for government employees and contractors.
Paul Wandrey, who is responsible for the city's surveillance system, was accused of unlawfully passing on the surveillance video to the media. He has denied the charge of leaking secrets.
In a statement, Wandrey said, "I can now fully dedicate myself to my work for the citizens of Darmstadt again - without unnecessarily burdening the judiciary." He also added, "For me, political responsibility means making decisions even in difficult situations and standing by them."
It was reported that Wandrey paid a fine of 1,000 euros in relation to the dropped criminal proceedings. If he pays this amount to a charitable organization, the proceedings will be finally dropped.
The attack occurred at a waiting shelter in the nighttime. The perpetrators, a 15-year-old and his 18-year-old brother, were identified and brought to justice. The younger brother was sentenced to ten years in prison under juvenile law in the summer of 2024 for his involvement in the attack.
The Darmstadt Local Court confirmed the dropping of the criminal proceedings upon request. Mayor Hanno Benz (SPD) has publicly supported Wandrey after the indictment in February. The hearing scheduled for this Wednesday has been canceled due to the dropping of the criminal proceedings.
| Law/Section | Description | |----------------------|----------------------------------------------| | § 202a-c StGB | Unauthorized access/obtaining/disclosure of protected data (data espionage/interference) | | § 93 StGB | Breach of official secrets by entrusted persons (including employees) | | § 94 StGB | Disclosure of official secrets by public officials |
These laws reflect Germany’s strong stance on protecting official information. While Darmstadt does not have specific local statutes on this topic beyond federal-level regulation, enforcement practices or institutional rules in Darmstadt would require looking into specific agencies or employers' policies.
- The dropping of the criminal proceedings against Darmstadt city councilor Paul Wandrey for allegedly leaking a surveillance video of a crime does not necessarily exonerate him from adhering to the strict data protection and confidentiality obligations as outlined in the general employment policy, particularly within the context of his role managing the city's surveillance system.
- Despite the recent events surrounding the serious allegations against Paul Wandrey, the community's focus on politics and general-news, along with crime-and-justice topics, remains significant, as evidenced by the intense public scrutiny and potential impact on public official's decisions as demonstrated by Wandrey's statements about political responsibility.
