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Concerning German law: It is up to the judges (throughout the instances but hopefully it will be finished witht he first trial) whether or not they see this as
by wnkrshm 11y ago
Concerning German law: It is up to the judges (throughout the instances but hopefully it will be finished witht he first trial) whether or not they see this as satire.
There are no binding precedents in Germany, every case is only dealt with on the basis of the legal text (the exception being some judgements by the suppreme court). This of course gives the judges some freedom in this case, as with obscenity/pornography laws.
But still, the prosecution has to prove beyond a reasonable doubt that Böhmermann's intention was to insult Erdogan. He is not responsible for how his performance is interpreted by the public or Erdogan.