Ass is a dirty word

"Kiss my ass!" Is not a punishable offense!

Even if the decision, which we first published on this blog in 2011, is a bit older, it is still a long-runner for us. One insult is after Section 185 of the Criminal Code represents an illegal attack on the honor of another person by deliberately announcing disregard. A targeted disparaging utterance of a disparaging value judgment should be necessary. Is the saying "Kiss my ass“Always automatically such a declaration of disregard or disregard and thus automatically always one insult?

"Kiss my ass!" Not punishable?

The saying "Kiss my ass!"In free reference to the literarily well-known" Götz quote "in Johann Wolfgang von Goethe in his play" Götz von Berlichingen "does not always have to be an insult according to § 185 StGB. In Goethe's work, the poet has his protagonist say: "But he, tell him, he can lick my ass."Wolfgang Amadeus Mozart also set a monument to the quote with his six-part canon"Kiss my ass“From 1782.

"Kiss my ass!" Is not a punishable offense!

After a final decision of the District Court Ehingen is the saying "Kiss my ass!“Has now been legally reassessed. The district court came to the conclusion that it was not a criminal offense. The specific context in which the utterance is made is always important!

Decision of June 24th, 2009 on "Kiss my ass!"

We do not want to withhold from you the literary and legal processing in the decision of the local court. The court tried very hard and worked out the historical and concrete context of the statement. Here is the decision, which is always worth reading, almost in full text:

"District Court Ehingen
decision
dated June 24, 2009

Business number: 2 Cs 36 Js 7167/09

AK249 / 09

In force since July 31, 2009
... clerk of the registry of the local court (R.) judicial clerk
in the criminal case

Because of insult:

The application for the issuance of a penalty order is rejected.

The state treasury bears the costs of the proceedings and the necessary expenses of the accused.

Reasons:

I.
The accused is charged with the following:
The accused runs a taxi company in Ehingen.
On January 28th, 2009 at 1:10 p.m. ... ordered a taxi from her home address D. ... in Ehingen at 1:30 p.m. She wanted to catch a train to Blaustein at the E. Bahnhof at 1:45 p.m. The taxi arrived late. ... did not reach her train. She then asked the taxi driver to drive her to B. for the price of the city trip. The driver explained that this would have to be decided by the boss. Thereupon ... phoned the accused and asked to be driven to Blaustein at no extra charge.
The accused is said to have replied: "Kiss my ass“.

II.
The well-known saying "Lick my ass"Has its literary origins with Johann Wolfgang von Goethe in the play" Götz von Berlichingen ". Therefore it is often described with the euphemism "Götz quote". Wolfgang Amadeus Mozart also titled one of his songs with "Kiss my ass“(Köchel Directory No. 231).

Kiss my ass"Has a variety of meanings and interpretations:

"Depending on the level of education, custom, origin, national team, taste or external cause, the statement ranges from insulting honor and insulting to a curse or outbursts of emotions in the event of pain, joy or emotion up to a blessing." (Http: /www.r ... de / 5… / index.htm).

There are dishes that in the statement "Kiss my ass“Have seen a criminal offense, for example the district court of Berlin-Tiergarten (Berliner Zeitung, 09/14/1995) and the district court of Weiden (...).

In any case, the District Court of Ehingen does not agree with this view in the present case.

III.
In the present case, the criminal offense is insult to Section 185 of the Criminal Code not fulfilled.
Insult is understood as an unlawful attack on the honor of another through willful announcement of disregard or disregard.
In the facts described above under No. 1, the accused did not lower the honor of ... In the Swabian language area, "Kiss my ass“Used every day. It is a crude saying. However, this does not mean that the interlocutor's honor is downgraded.
Thaddäus Troll (Praising with a lot of beautiful speeches, p. 214, Hamburg 1972) explains that the Götz quote in Swabian serves the following socially appropriate purposes:
1. to start a conversation,
2. to get a stuck conversation back on track,
3. to give a conversation a different twist,
4. to finally break off a conversation,
5. to report a surprise,
6. to give expression to friends about an unexpected reunion of two Swabians outside of the country,
7. to reject a request that was perceived as unreasonable.

The court agrees with Thaddäus Troll's view of the law.

In the present case, aspects 4 and 7 were in the foreground. The accused did not want to respond to the demand of ... and ended the conversation.
There is no criminal act on the part of the accused. The court refuses to issue a penalty order for legal reasons.

IV.
According to § 467 Abs. 1 StPO, the procedural costs and the necessary expenses of the accused are charged to the state treasury. "

Our lawyer tip:

Especially with the accusation of one insult it pays to seek legal help from a lawyer. Even if at first glance you as a layperson have no doubt that the statement is an insult, it is always worthwhile to look more carefully and to consider the individual case from a legal point of view!

Because it always has to be on the Factual context the allegedly offensive statement and the concrete situation be turned off. The context in which the alleged insult occurred is decisive.

The individual case is decisive

However, we recommend that you do not rely on this decision and that you do not test "live" how other courts assess the situation. And ours are there for “just in case” Lawyers and Defense lawyer in Rosenheim with words and deeds at your side! Contact our Specialist lawyer for criminal law if you have further questions, preferably personally

Category: Specialist lawyer criminal law, curiosities, personality law, law Rosenheim, lawyer, lawyer Munich, lawyer Rosenheim, Rosenheim, criminal lawTags: "Kiss my ass!" not punishable ?, insult, lick my ass, lick my ass, lick my ass, lick my ass, lawyer Rosenheim, lawyers Rosenheim, criminal law, criminal defense lawyer Rosenheim, § 185 StGB