Overview
- The Oberlandesgericht Naumburg set aside the March acquittal and sent the case back to the Amtsgericht Aschersleben for a new hearing before a different division.
- The court criticized the first-instance judgment for incomplete factual findings and directed a holistic interpretation of the contested remark under the Volksverhetzung standard.
- The prosecution’s appeal succeeded, and the Naumburg decision is final and not subject to further challenge.
- The case centers on a post by Gürth on X after the Wolmirstedt knife attack in 2024, in which he referred to Afghans as “Pack,” and the post was later blocked.
- Proceedings began with an €18,000 penal order that Gürth contested, leading to a trial where he was acquitted after the judge deemed the post morally reprehensible but not an attack on human dignity.