Den Wald vor lauter Bäumen

Ich bin ja über jede halbwegs lustige Ablenkung dankbar im Moment. Und neulich hat mich sogar, zum ersten Mal tippe ich, eine juristische Wochenzeitschrift zum Lachen gebracht. Der Fall spielt, insofern knüpfe ich an meinen letzten Eintrag an, in Berlin. Dort wurde einem Angeschuldigten vorgeworfen, im Februar dieses Jahres in der Rhinstraße im Stadtteil Marzahn einem im Rahmen einer Verkerskontrolle eingesetzten Polizeikommissar zugerufen zu haben:

"Herr Oberförster, zum Wald geht es da lang!"

Humorfrei wie es dem Klischee entspricht, hat der Beamte diesen (wie ich bei Google Maps sehen konnte) durchaus nützlichen Hinweise nicht auf sich beruhen lassen, sondern pflichtbewusst zur Anzeige gebracht.

Das Amtsgericht Berlin-Tiergarten hat sich der Sichtweise des Polizeikommissars und der Staatsanwaltschaft, es läge eine strafbare Beleidigung vor, nicht angeschlossen und die Eröffnung des Hauptverfahrens abgelehnt.

Für Heiterkeit bei mir hat die richterliche Begründung gesorgt, die ich im Folgenden auszugsweise zitiere.

"Nun versteht sich der ehrverletzende Charakter dieser Äußerung keineswegs von selbst, ist doch die Tätigkeit im Forstdienst etwa eines Bundeslandes für sich genommen kaum geeignet, den sittlichen, personalen oder sozialen Geltungswert einer Person in Frage zu stellen, vielmehr dürfte es sich bei den dienstlichen Verrichtungen eines Försters in aller Regel um nützliche, dem Gemeinwohl dienende Tätigkeiten handeln. [...]

Hieran ändert sich auch dadurch nichts, dass der Angeschuldigte den Polizeibeamten nicht als (bloßen) Förster, sondern als „Oberförster“ tituliert hat, wenngleich das Gericht nicht verkennt, dass hiermit eine gewisse sprachliche Nähe zu dem „Oberlehrer“ hergestellt ist, der meist kritische und auch bissige, kaum aber beleidigende Charakterisierungen zugeschrieben bekommt. Oberförster war bzw. ist die Dienstbezeichnung für einen im höheren bzw. gehobenen Dienst tätigen staatlichen Forstbeamten oder auch Angestellten im Forstdienst (vgl. etwa Hasel/Schwartz, Forstgeschichte, 2002, S. 192). [...]

Die Staatsanwaltschaft, die die ihr übermittelten Zweifel des Gerichts an der Strafbarkeit in der vom Angeschuldigten getätigten Äußerung unverständlich fand („nicht ansatzweise nachvollziehbar“), hat in ihrer Rückäußerung betont, nicht die Titulierung als „Oberförster“ allein stehe in Rede sondern die gesamte Äußerung „Herr Oberförster, zum Wald geht es da lang!“ sei eine strafbare Äußerung der Missachtung. Leider hat die Staatsanwaltschaft versäumt, dem Gericht mitzuteilen, inwiefern die Bezugnahme auf den Wald bzw. die Richtung, in der dieser gelegen sei, der für sich nicht ehrverletzenden Äußerung des Angeschuldigten (s. dazu die vorstehenden Ausführungen) ehrverletzenden Charakter sollte verleihen können. Es mag sein, dass sich nach einer kleinen Weile des Nachdenkens und Assoziierens mit dem Begriff Wald oder Holz Bezeichnungen oder Ausdrücke finden ließen, die, hätte der Angeschuldigte sie gebraucht, gewiss dem Tatbestand der Beleidigung unterfielen, indessen hat er dies nicht getan, so dass es müßig ist, in dieser Richtung nachzusinnen, worin die Beleidigungsrelevanz des Waldes liegen könnte. Sollte sich herausstellen - das Gericht hat dies nicht geprüft und es auch für nicht erforderlich gehalten -, dass in der unmittelbaren Nähe des Ortes der Handlung sich gar kein Wald befindet oder möglicherweise die vom Angeschuldigten im Zuge seiner Äußerung angegebene Richtung dieses Waldes unzutreffend gewesen sein sollte, so könnte dies dazu führen, dass ein verständiger Dritter sich schwer tun müsste, der Äußerung des Angesch. überhaupt eine sinnvolle Bedeutung abzugewinnen, eine ehrenrührige strafbare Beleidigung ließe sich ihr gleichwohl auch dann nicht entnehmen. Dieser verständige Dritte käme mutmaßlich zu dem Schluss, dass es sich bei der Äußerung des Angeschuldigten um das handelt, was sie auch wirklich darstellt: eine dumme, allenfalls mäßig komische Bemerkung, der man keine weitere Bedeutung beimessen und Beachtung schenken sollte."


Rechtsstaat at it´s best wie ich finde!


/// gehört wird: ELTON JOHN, I'm still standing ///
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Herrlich. Das wäre was für Dr. jur. Ralf Höcker.

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Adhia (Gast) - 19. Okt, 00:50

Dieser Haseloff ist

Dieser Haseloff ist doch eigentlich Kabarettist, oder? Jetzt tishct er uns abenteuerliche DDR-Geschichtchen auf: er sei als Sechsj hriger aus einem Zug gezerrt worden, weil seine erm igte Fahrkarte nicht f r die Fahrt zum Religionsunterricht gegolten habe. berhaupt seien alle gekennzeichnet gewesen. Usw. usf.Daher lehne er heute die Kennzeichnung von Polizisten ab. Aha, na dann Warum gibt er nicht einfach zu, sich mit seinem NS-Vergleich vergaloppiert zu haben? Nein, er denkt sich lieber (mit seinen PR-Profis) wilde Alibi-R uberpistolen aus der ach so schlimmen DDR aus. Souver n ist das nicht

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