Mon, Jul. 05, 2004

Naked Jogging

CK - Washington.   Streaking can be subject to a civil penalty of 600 Euros, the second senate of the Karlsruhe Court of Appeals decided on June 29, 2004 in Dr. N's appeal 2 Ss 73/04. A press release explains the statutory basis for the offense under §118 of the Ordnungswidrigkeitengesetz.

The court rejected Dr. N's claim that naked jogging would constitute the exercise of a protected civil right. The court noted that the applicable standard changes over time alongside shifts in moral values and their expression. Thresholds for tolerance depend on location and expectations. For instance, some nudity may be appropriate at beaches. By contrast, nudity in the streets would be an imposition on the unsuspecting. In that situation, others have not had an opportunity to make a choice on their potential exposure to naked people. Springing nakedness on others in a generally modest setting violates the prevailing sense of modesty at such locations and constitutes, therefore, a violation of §118 OWiG, the court explained.

The court also refused to reverse another conviction of Dr. N. for six similar events. During those, Dr. N. had covered his genitals with nylons.



Law School Open House

CK - Washington.   Saarbrücken Law School held an open house over the weekend. Its information technology department offered presentations ranging from an introduction to blogging to substantive topics such as copyright violations as crimes. The LAWgical blog has a special report and pictures. The school has been at the forefront of German legal technology for many years and is home to Juristisches Internetprojekt Saarbrücken and Neueste Geklaute Nachrichten, among others.



Admiralty Commission

CK - Washington.   By 2007, an admiralty and maritime commission of experts established today by Attorney General Brigitte Zypries will present a reform proposal to move the law from the era of wind-propelled vessels to modern merchant shipping. The focus of the reform will be the fifth book of the Handelsgesetzbuch or commercial code. Over time, the code experienced numerous updates but they were limited to the transformation of international law while the main body of the law remained untouched, and now seems out of touch with present-day commerce.


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