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Bernau / Frankfurt (Oder) (dpa / bb) - Despite the rejection of an application for bias, the public prosecutor's office in Frankfurt / Oder continues to take action against the Bernau juvenile judge Andreas Müller, who is campaigning for the legalization of cannabis.
The public prosecutor's office had lodged a complaint against the rejection of the bias application, which the regional court would then have to decide on, confirmed authority spokesman Thies Petersen on Tuesday upon request.
The Berliner Zeitung reported first.
The background is the lawsuit against an adolescent for possession of 28.4 grams of cannabis.
In April 2020, Judge Müller had filed a lawsuit against the Federal Constitutional Court because he considered the cannabis ban to be unconstitutional.
Then Müller had suspended the trial against the adolescent pending a decision by the Federal Constitutional Court.
The public prosecutor's office then filed the bias application against Müller, which was rejected in January by a judge at the Bernau district court, as court director Thomas Melzer confirmed on Tuesday.
The public prosecutor wanted to pursue this, however, said Petersen.
After Müller's years of work against the cannabis ban, she was concerned that Müller was caught in such processes, the public prosecutor had declared.
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The juvenile judge had the Federal Constitutional Court examined in 2002 whether the cannabis ban was compatible with the Basic Law.
At that time, the Karlsruhe judges decided that the possession of hashish remains prohibited, even in small quantities.
© dpa-infocom, dpa: 210202-99-271335 / 2
Report from the Berliner Zeitung (payment barrier)