A.C.A.B.

Ein äußerst interessantes obiter dictum hat der 1. Strafsenat des OLG Stuttgart im Juli gesprochen (Aktenzeichen: 1 Ss 329/08), als er über die Revision eines 18-jährigen Krankenpflegerschülers (die Berufsbezeichnung ist wie so oft im Strafprozeß vollkommen irrelevant ganz wichtig) zu entscheiden hatte, der eine Entscheidung des Amtsgericht Waiblingen angegriffen hatte. Der Revisionsführer monierte mit Blick auf die grundgesetzlich geschützte Meinungsfreiheit, dass er einen Polizeibeamten sehr wohl als "bastard" bezeichnen dürfen, genauer: er habe auf einen Polizisten zeigen und rufen dürfen "all cops are bastards".

Das OLG Stuttgart hat zwar die Revision verworfen, gleichzeitig aber die Gelegenheit beim Schopfe gepackt und via rechtlichen Hinweis ausgeführt, dass der Beleidigungstatbestand wohl aufgrund einer nicht ausreichend konkretisierten sog. Kollektivbezeichnung zu verneinen sein wird, wenn die Abkürzung A.C.A.B. dieses - auch und vor allem in der Fußballszene weit verbreiteten - Ausrufes benutzt wird, zum Beispiel als Aufdruck eines T-Shirts.

Über den Hintergrund dieses - in vorliegendem Fall überflüssigen - Hinweises läßt sich nur spekulieren, aber aus Stuttgarter Justizkreisen wird vernommen, die Ausführungen des Senats hingen mit einem jüngeren Berufungsurteil der 38. Kleinen Strafkammer des Landgericht Stuttgart (Aktenzeichen: 38 Ns 25 Js 34332/05) zusammen, in dem die Rechtsansicht des Strafrichters beim Amtsgericht Stuttgart (Aktenzeichen: 12 Ds 25 Js 34332/05) als rechtlich nicht haltbar zurückgewiesen wurde. Der Amtsrichter war der Ansicht, dass ein auf der Rückseite einer Jacke befindlicher Aufnäher mit den in altdeutscher Schrift geschriebenen Buchstaben „A.C.A.B" alle Polizeibeamten, die sich in unmittelbarer Nähe (in seinemFall am Treppenaufgang einer Haltestelle) des Angeklagten befunden hätten, mit der inhaltlich herabsetzenden Bedeutung dieses Slogans beleidigt werden würden.

Demgegenüber führten die Berufungsrichter lapidar aus:
"Es handelte sich hier vorliegend der Form nach um eine Kollektivbeleidigung, wobei jedoch der fragliche Personenkreis der zu Beleidigenden, nämlich alle Polizisten auf der Welt, so groß ist, dass sich die ehrenrührige Äußerung in der Masse verliert und den Einzelnen nicht mehr erreicht. Unter diesen Umständen liegt eine strafbare Kollektivbeleidigung nicht vor." Der Angeklagten wurde folgerichtig hinsichtlich dieses Anklagepunktes freigesprochen.

Somit müssen sich die Mitglieder der deutschen Ultrà-Szene endlich nicht mehr fragen lassen, warum sie "Acht Cola Acht Bier" oder aber "All Colours Are Beautiful" auf ihren Shirts oder Doppelhalter stehen haben.



/// gehört wird: BAD BOYS OF THE ARALTANKE, Es Is Schee Beim SVD ///
Matthias (Gast) - 13. Aug, 20:32

Christoph, sehr lesenswert und interessant was du zusammengetragen hast.

Sers!
Matthias

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