A 51-year-old woman from the Enzkreis district has been sentenced to prison for defamation offenses against Gunther Krichbaum, a member of the German Bundestag from Pforzheim, and his wife, Dr. Oana Krichbaum. The First Criminal Senate of the Higher Regional Court of Karlsruhe dismissed the defendant's appeal against a judgment issued by the Pforzheim branch of the Karlsruhe Regional Court on March 8, 2023, as unfounded. In that judgment, the defendant had been sentenced to a total of seven months' imprisonment, one month of which was deemed served due to unlawful procedural delays.
According to the findings of the Regional Court, the defendant had allegedly claimed in numerous instances on Facebook and in emails to various recipients, including newspaper editorial offices and members of the state and federal parliaments, that Dr. Oana Krichbaum had been involved in illegal child trafficking in Romania and that Gunther Krichbaum had attempted to cover this up by exploiting his political office. After the Krichbaums initially pursued civil action against the defendant, they filed a criminal complaint on April 23, 2018, regarding three Facebook posts published by the defendant on February 13, February 26, and March 26, 2018, which in all cases referred to Dr. Oana Krichbaum and in two cases also to Gunther Krichbaum. The defendant continued to make similar defamatory statements, even in her final statement at the appeal hearing before the Regional Court. The regional court also stated in its judgment that the defendants' claims were neither demonstrably true nor covered by freedom of expression or other legitimate interests of the defendants.
The Karlsruhe Regional Court sentenced the defendant to six months' imprisonment each for the three aforementioned offenses from 2018, which are the sole subject of the proceedings, and combined these individual sentences into a total prison term of seven months. The Regional Court declared one month of this sentence already served due to an unlawful delay in the appeal proceedings. The Regional Court did not suspend the execution of the total prison term because it did not consider the defendant to have a positive prognosis for future criminal behavior, as she had not been deterred by either civil proceedings or the previous criminal proceedings from continuing to make defamatory statements about the Krichbaum couple.
In the appeal proceedings, the First Criminal Senate of the Higher Regional Court was required to review both the content of the Regional Court's written grounds for judgment and – insofar as raised by the defendants' defense – the proceedings before the Regional Court for any legal errors that might have affected the decision. The Senate found no such legal errors on which the Regional Court's judgment was based. In particular, it did not consider the offenses to be time-barred and did not object to the rejection of the defense's supplementary motions for evidence. The fact that a witness's email was read aloud during the main hearing instead of her testimony had clearly not affected the content of the Regional Court's judgment. The Regional Court correctly considered the defendants' fundamental right to freedom of expression. The Regional Court's sentencing – including the decision not to suspend the sentence – was also not subject to legal challenge on appeal.
No further legal recourse is available. The judgment of the Karlsruhe Regional Court is now legally binding.