Dienstag, 03.11.2020
Violations of the Corona Protection Ordinance
Verdict of the District Court of Dortmund of November 2, 2020, Ref.: 733 OWi-127 Js 75/20-6
from
Markus SchmuckLawyer
Specialist in criminal law
Give me a call: 0261 - 404 99 25
E-Mail:
On November 2, 2020, a judgment of not guilty was handed down in a fine case. The persons concerned were charged with violating the Corona Protection Ordinance. In essence, the court ruling there took the view that a conviction could not be based on the ordinance for protection against new infections of March 22, 2020, which was the subject of the dispute. Such a serious infringement of fundamental rights – such as the order of the contact ban at issue – requires a formal law passed by parliament.
This judgment is not legally binding. It remains to be seen whether the public prosecutor's office will appeal against the judgment.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.