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According to the Higher Regional Court of Koblenz, the chance meeting of four citizens on the street is not a forbidden "gathering" within the meaning of the Corona Fighting Ordinance.
The term must be interpreted in accordance with the constitution so that short encounters with a safety distance of at least 1.5 meters are not punished, the 3rd Senate decided on fines according to a decision published on Wednesday.
(AZ: 3 OWi 6 SsRs 395/20) The prohibition of any gathering of people without distinction according to whether the prohibition is necessary to prevent the further spread of the infection leads to “a disproportionate interference with the fundamental right of general freedom of action”.
In the specific case, the person concerned had been sentenced to a fine of 100 euros for standing with three acquaintances for a minute or two in front of a bank branch, the court explained.
The person concerned was in the company of a friend when he met an acquaintance who was also traveling with a friend.
The four men were talking at a distance of 1.5 to 2 meters.
The occasion of the conversation was an expression of condolences.
The group was checked by police officers.
Because the four people came from different households, the district court saw the meeting as a forbidden gathering within the meaning of the Rhineland-Palatinate Corona Control Ordinance.
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