Title: Unusual Verdict Upheld: Man Sentenced for Disturbing Peace of the Dead
In a unusual court decision, the Federal Court of Justice affirmed a man named Hasan H.'s conviction for disturbing the peace of the dead, despite his attorney's argument that the offense wasn't fulfilled. Hasan carried his deceased friend's severed head through Bonn and presented it at the district court, leading to a 1.5-year prison sentence for disturbing the peace of the dead in January 2023.
The Grisly Incident
June 28, 2022, saw the tragic passing of Hasan H.'s friend, Murad F. (†44), due to tuberculosis. In the following days, Hasan carried Murad's head in a bag, causing widespread outrage in Germany. Eventually, he presented the grim trophy at the district court, setting off the series of events leading to his conviction.
Arguments and Verdict
Defense lawyer and Hasan H.'s representatives argued the offense of disturbing the peace of the dead was not fulfilled, making the acquittal of their client appropriate. However, the Federal Court of Justice in Karlsruhe saw no legal errors in the regional court's verdict, dismissing both Hasan's and the public prosecutor's office's appeals.
Legal Analysis
The June 29, 2023 hearing saw the defense's criticism of the district court's legal assessment, arguing that the offense of disturbing the peace of the dead was not fulfilled. The federal prosecutor's office had concerns with the lower court's conclusions derived from the evidence.
Later that day, the Federal Supreme Court maintained their stance on the Bonn Regional Court's verdict. Ekkehard Appl, the presiding judge of the second criminal senate, declared that this was the end of the case. The judges determined no other legal errors existing in the verdict, upholding Hasan H.'s guilty sentencing.
Addressing Controversy
Despite public outrage, the Federal Court of Justice argued that the evidence presented was sufficient to convict Hasan H.
Reflections on the Case
The bizarre case garnered widespread media attention in Germany, sparking discussions surrounding ethical and legal implications.
Relevant German Law
German law (Strafgesetzbuch – Strafgesetzbuch, Section 168) prohibits the disturbance of the peace of the dead, with severe consequences, such as desecration of corpses or forced opening of graves.
Application of German Law to Hasan H.'s Case
Defecating a severed head through a public area and presenting it at a district court would likely be considered an infraction of disturbing the public peace. This act could be seen as inciting shock, horror, and potentially hatred, violating German law.
[1] Strafgesetzbuch, Section 130 (2023).
