undefined | Better HN

0 pointsxashor7y ago0 comments

>whatever the German equivalent to FinCEN[1] is could just pull anyone's financial records up anytime.

In Germany it is not so easy. Even though the requirement for the state to get info about somebody's bank account is lowered, they still need some justification.

>I would have thought the reason for the raid was to collect physical evidence

For that reason alone the police wouldn't have to seize this 3d printed model of a nuclear bomb. Police stated, that „they might be planning a bomb attack“. This raid was also a display of power, to intimidate.

>why it's a problem that your account data would be in the hands of the police?

All people who donated are now on a list in some police department, maybe called „Connected to left extremism“. As donating is not a crime (both Zwiebelfreunde and RiseUp are registered organizations in their countries), this will not lead to prosecution alone.

But just because it wasn't illegal does not mean the police won't investigate if they feel like it.

And whenever they want to target you (even if the reason is unrelated), they can look up their lists and tell the judge: „Well, person X donated to this suspicous looking site, makes him suspicious, right?“ This might play a role in court or for new justifications (f.e. the police wants to raid your home, too).

[0] https://www.thueringen24.de/img/incoming/crop214771927/17338...

0 comments

2 comments · 1 top-level

paws7y ago· 1 in thread

I'm not familiar with the history of police misconduct in post-unification Germany, but of course whenever a judge is sympathetic to the police first it's not good for the accused.

In the US prosecutorial immunity[0][1] is one of the most mind boggling aspects of the legal system there. I'm curious does Germany have a similar rule?

[0] https://en.wikipedia.org/wiki/Prosecutorial_immunity

[1] https://en.wikipedia.org/wiki/Qualified_immunity

xashorOP7y ago

As far as I know, only parliamentarians enjoy immunity in Germany, though the parliament can detract this right from its members. But just because police/judges/… can be prosecuted, does not mean they will; in reality, only a handful of police officers and judges get convicted (mostly only when they do illegal stuff outside their job). And if they get convicted, there is hardly any penalty. People keep their jobs, maybe pay some fine. That's no surprise, the police investigates itself, and of course nobody likes to speak against their comrades. Also, law enforcement, law maker and the court system tend to be friendly to each other.

I heard the Netherlands and Britain have a better system, where an independent party investigates accusations against police officers.

j / k navigate · click thread line to collapse