Alarmsignal and the accusation of defaming the state and its symbols - a ridiculous story or a drama in 4 acts, albeit with one act of happy ending
Act 1: The Complaint
At the beginning of April, an attentive citizen browses the websites of Amazon.de and other online retailers and comes across a CD cover of the Celler punk rock band Alarmsignal. The cover image of the CD titled “Fahneneid” shows 3 people allegedly standing in front of the German national flag and urinating on it. For the internet surfer, this cover image clearly represents a criminal offense in terms of defaming the state and its symbols, and so he files a complaint against the band.
Act 2: The Police
The police initially try to find out which individuals belong to the band, as they only have the initials of the band members. A known guitarist of the band can be identified shortly thereafter. However, he only joined the aforementioned music group after the controversial album was released, which is why he is summoned as a witness to provide information about the matter and the other band members. Since he does not accept the police's invitation, an alternative approach must be taken. The investigators attempt to locate the accused musicians at well-known scene hotspots using the photos published on the band's homepage. During the annual May 1st demonstration at the Celler Brandplatz, the officers finally notice the group's bassist. After a brief discussion, they are able to personally inform one of the accused that an investigation is underway due to the suspicion of defaming the state and its symbols against three band members. However, the officers' attempt to obtain information about the other band members remains unsuccessful. The bassist provides no information about the other two band members or the accusation and promptly hires the band's lawyer to represent their interests.
Act 3: The Waiting Period
While the investigating chief criminal officer considers the identification of the remaining band members at this point to be unlikely to succeed, he hands over the investigation file, with the known facts so far, to the public prosecutor's office. At the same time, in early May, the lawyer for the music group Alarmsignal initiates all necessary steps to defend the band. During the subsequent correspondence, the band also discusses the possible consequences in the event of a loss, such as fines, indexing, etc., but remains optimistic. Nevertheless, the four-month waiting period until the announcement of the investigation results becomes a summer of uncertainty.
Act 4: The Result
For the public prosecutor's office in Lüneburg, there was an insurmountable procedural obstacle, which is why the investigation was discontinued due to insufficient suspicion of a crime.
Furthermore, some of the band members could not be located. As far as the presentation/content of the CD is criminally relevant, the statute of limitations has now expired. As with books, the short press statute of limitations of six months applies to sound carriers, provided they contain a criminal content or a criminal presentation, starting from the first act of distribution. Police investigations have revealed that the contested sound carrier is already several years old, which is why it was assumed that it had been on the market for just as long and the short six-month press statute of limitations had already expired.
Act 1: The Complaint
At the beginning of April, an attentive citizen browses the websites of Amazon.de and other online retailers and comes across a CD cover of the Celler punk rock band Alarmsignal. The cover image of the CD titled “Fahneneid” shows 3 people allegedly standing in front of the German national flag and urinating on it. For the internet surfer, this cover image clearly represents a criminal offense in terms of defaming the state and its symbols, and so he files a complaint against the band.
Act 2: The Police
The police initially try to find out which individuals belong to the band, as they only have the initials of the band members. A known guitarist of the band can be identified shortly thereafter. However, he only joined the aforementioned music group after the controversial album was released, which is why he is summoned as a witness to provide information about the matter and the other band members. Since he does not accept the police's invitation, an alternative approach must be taken. The investigators attempt to locate the accused musicians at well-known scene hotspots using the photos published on the band's homepage. During the annual May 1st demonstration at the Celler Brandplatz, the officers finally notice the group's bassist. After a brief discussion, they are able to personally inform one of the accused that an investigation is underway due to the suspicion of defaming the state and its symbols against three band members. However, the officers' attempt to obtain information about the other band members remains unsuccessful. The bassist provides no information about the other two band members or the accusation and promptly hires the band's lawyer to represent their interests.
Act 3: The Waiting Period
While the investigating chief criminal officer considers the identification of the remaining band members at this point to be unlikely to succeed, he hands over the investigation file, with the known facts so far, to the public prosecutor's office. At the same time, in early May, the lawyer for the music group Alarmsignal initiates all necessary steps to defend the band. During the subsequent correspondence, the band also discusses the possible consequences in the event of a loss, such as fines, indexing, etc., but remains optimistic. Nevertheless, the four-month waiting period until the announcement of the investigation results becomes a summer of uncertainty.
Act 4: The Result
For the public prosecutor's office in Lüneburg, there was an insurmountable procedural obstacle, which is why the investigation was discontinued due to insufficient suspicion of a crime.
Furthermore, some of the band members could not be located. As far as the presentation/content of the CD is criminally relevant, the statute of limitations has now expired. As with books, the short press statute of limitations of six months applies to sound carriers, provided they contain a criminal content or a criminal presentation, starting from the first act of distribution. Police investigations have revealed that the contested sound carrier is already several years old, which is why it was assumed that it had been on the market for just as long and the short six-month press statute of limitations had already expired.
