The public prosecutor's office had requested a fine of 2,000 euros (40 daily rates of 50 euros each). The defense had pleaded for acquittal. Semsrott had admitted in the trial that he had posted three decisions of the Munich District Court regarding an ongoing investigation against the activist group Last Generation online, knowing that this was prohibited by law. The 36-year-old gave the reason that he wanted to clarify a fundamental legal question. The judgment is not final. The journalist announced that he would appeal to the Federal Court of Justice (BGH).
During the hearing, his defense attorney requested that the proceedings be suspended and the case be referred to the Federal Constitutional Court. Criminal law paragraph 353d, number 3, is unconstitutional, said lawyer Lukas Theune, because freedom of the press and science is impaired. Criticism of the judiciary must be possible, taking into account, among other things, the personal rights of those affected. It is not the job of the press to protect official documents. This question is now being appealed to the Federal Court of Justice.