Bundesgerichtshof overturns Chemnitz riot acquittal

The German Federal Court of Justice (BGH) has overturned a previous ruling regarding the 2018 riots in Chemnitz. The 5th Criminal Senate of the BGH decided on appeals filed by the Dresden Public Prosecutor's Office against a judgment from the Chemnitz Regional Court.

Previously, the Regional Court had acquitted three defendants of rioting and dangerous bodily harm, and dismissed proceedings against another defendant, identified as R. The court had found that while violence occurred against participants of a ‘Herz statt Hetze’ rally, there was insufficient evidence of specific individual participation in bodily harm.

The BGH has now set aside the judgment concerning defendant R, noting that the lower court failed to adequately examine whether R could be held liable as a co-perpetrator or accomplice to dangerous bodily harm, even if he did not personally commit the physical acts.