Process for DJ: Court speaks free due to lack of evidence!

Process for DJ: Court speaks free due to lack of evidence!

In the current process of 60-year-old Jörg H. Before the Pirna District Court, the question arises whether it can be held accountable for the alleged upload of child pornographic material on May 17, 2023. In the past two days of negotiations that started two weeks ago, the accused initially caused a sensation with an extraordinary disguise, but then appeared in the unobtrusive white polo shirt with dark blue collar. A picture of the calm and grown man who is nevertheless under the pressure of his Situation.

While the negotiation focuses on the accused's whereabouts on the said day, it quickly becomes clear that the evidence is rather thin. A witness who was on the road with Jörg H. 43 years old and on the said day states that he had helped him transport. From 4:30 p.m. to the evening he was with H., but could not report anything about his activities after that time. This leaves many questions open and the possibility of an acquittal comes into focus.

evidence and defense

The defendant's defense presents a document that is intended to prove that Jörg H. was booked for a DJ event in the evening. The investigative authorities have managed to assign their email address and mobile phone number, but no child pornographic material was found on its devices. The judge makes it clear that the mere IP address, which represents a clear numerical identifier for devices on the Internet, is not sufficient to support a conviction. It should be noted here that IP addresses play a central role in such investigations and can often be traced back by Internet service providers in order to identify the follow-up holder and to take legal action, as described in Louis & Michaelis' explanations.

The public prosecutor points out that the defendant's telephone line was also publicly known, which makes it easier for strangers to receive access to abusable devices and accounts. Since concrete evidence is missing, the court follows the argumentation of the defense. The witness, who was able to confirm that H. was not at his place of residence at the time, strengthens the arguments for an acquittal.

judgment and follow

At the end of the negotiation, the court surprisingly decides on acquittal. However, Jörg H. has to cover the costs of the procedure. The return of his cell phone is currently also an issue that is examined by the public prosecutor. In view of the type of crimes accused, it was crucial that no conclusive evidence could be presented, as the provisions according to § 184b StGB show that enable strict reviews and strict data protection guidelines for such investigation.

parents and those affected who have been faced with such difficult situations in the past can contact organizations such as the National Center for Missing & Exploited Children (NCMEC). Not only legal help is offered there, but also emotional support from programs that bring families together that have experienced similar crises.

A clear lesson remains: In complex cases around child pornography, clear evidence is essential in order to achieve a fairer judgment - as the case of Jörg H. shows impressively.