Pensioner called Robert Habeck an “idiot”: Now he has been convicted for other cases

A Bavarian pensioner was sentenced to a fine by the Haßfurt District Court on Wednesday, as the court confirmed to the Berliner Zeitung. The man became known after being subjected to a house search. The reason: He had shared a meme about then-Federal Minister of Economic Affairs Robert Habeck (Greens), in which he was called an " idiot ."

However, Wednesday's court hearing related to one charge of incitement to hatred and five counts of using symbols of unconstitutional and terrorist organizations. The pensioner allegedly distributed images with Nazi references, which, according to the court, were not immediately apparent as taking a critical stance regarding their content.

The man was convicted in a total of four cases. The prosecution had demanded 70 daily rates of €15 each, resulting in a total fine of €1,050. The pensioner was ultimately sentenced to a fine of €825 divided into 55 daily rates of €15 each. The court confirmed the verdict, which was handed down in the first instance and is not yet final, to the Berliner Zeitung.

Accusation of incitement to hatred was dropped

The public prosecutor's office had accused the pensioner of sharing several images with Nazi references and commentary on current political topics on the platform. Among them was an image showing Adolf Hitler shaking hands with a clergyman, accompanied by several men giving a so-called Hitler salute. Another post allegedly showed a montage of a fictitious cover of the magazine Spiegel, featuring Katharina Schulze, the parliamentary group leader of the Green Party in the Bavarian state parliament. The image was edited to show Schulze giving a Hitler salute. The words "the Green Reich" and "the seizure of power" were allegedly displayed next to it.

In order to use images depicting Adolf Hitler or a swastika without punishment, the court found that critical use must be immediately evident. The defendant was far from that in the cases he was accused of, the judge said. At the beginning of the trial, the defense called for an acquittal. The man's defense attorney cast doubt on whether the defendant had actually posted the content. He also spoke of "critically used historical images" in his closing statement. The man himself made no statements in court.

Charges relating to two additional posts were dropped during the trial, including the charge of incitement to hatred. The judge followed a request from the public prosecutor's office, as the parties to the proceedings considered the posts to be comics or satire and thus protected by freedom of expression and freedom of art.

Right at the beginning of the trial, the man's defense attorney filed a motion for recusal against the presiding judge. He justified this by citing the court's and the presiding judge's guidelines regarding the press. The motion was dismissed as unfounded.

Proceedings began because of “idiot” meme about Robert Habeck

The man had previously appealed a 90-day fine imposed on him for the X-posts, accusing him of using symbols of unconstitutional and terrorist organizations, and of incitement to hatred . This led to the trial.

Proceedings against the man were originally initiated in August 2024 because of the X-post about Habeck. The post was reported via an online reporting portal of the Federal Criminal Police Office. A few days later, the public prosecutor's office ordered a search of the man's home. During the search, police seized a tablet and discovered further potentially criminal content and statements by the man.

According to the public prosecutor's office, the investigation into the "idiot" post has been temporarily suspended. The accusation of insulting political figures is "not significant" given the other allegations against the man and the expected punishment.