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Graz. No less than 17 members of the Right-wing Identity Movement (IB) will be judged on Wednesday in Graz. They are accused of inciting and belonging or creating a criminal organization (the "Wiener Zeitung" reported). At the center of many years of investigations the Attorney General of Graz, however, are the badociations of the so-called "New Right" right-wing extremist groups – including the club, which stands behind the race by the identities in line "Phalanx Europe". Ten main members are accused, seven others must be qualified as sympathizers.
Not only among criminal law experts, but also among politicians, the charges against paragraph 278 of the criminal badociation for criticism. "Because you have to be very careful that the mind is not punished", warns, for example, the spokesperson of Neos-Justice, Irmgard Griss. "If it's about propagating ideas, it's a sword too strong, you should not shoot sparrows with guns," said the former president of the # 39; OGH about the charge of criminal organization. SPÖ Justice spokesman Hannes Jarolim criticized the government's intention, in the upcoming criminal law amendment, to repeal the express exception of civil society organizations for terrorist offenses. The identity charge also considers Jarolim to be "covered". For right-wing extremists, he had "no sympathy", but "something applies or does not apply, and even to all".
The criminal law expert Helmut Fuchs also criticizes. In the indictment, he does not want to disclose anything that points to the facts of the inducement.
Facts "very broad"
This means calling for violence – which is not alleged – or inciting hatred, even if the paragraph is worded "very indefinitely" and no what is really required, state clearly what is forbidden. The question must therefore be "interpreted in a rather concrete way", "otherwise there is a risk that it becomes a political or ethical criminal law and can be used ideologically". According to article 278, a criminal badociation exists only if an badociation of persons is to commit crimes, serious acts of violence, serious material damage, theft, fraud, corruption, financing of terrorism, smuggling, money laundering or counterfeiting. 19659002] The constitutional lawyer Bernd-Christian radio criticizes that the facts of the criminal badociation and the incentive are "very broad" – and "in the sense of criminal convictions" point. State power should be very cautious and intervene only in case of violent crimes. Experts from the far right fear that the prosecution only leads to ideological consolidation in the middle.
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