Stuttgart Regional Court proposed dismissing legal proceedings against Michael Ballweg, founder of the ‘Querdenken’ movement, citing insufficient evidence for attempted fraud. The prosecutor’s office opposed this, asserting ongoing evidence collection and potential for conviction. Ballweg expressed confidence in his case, claiming the burden of proof lies with the prosecution. Following his release from pre-trial detention, hearings will investigate whether he misappropriated donation funds during the pandemic.
Stuttgart Regional Court’s Proposal on Ballweg Case
The Stuttgart Regional Court has suggested the dismissal of legal proceedings against Michael Ballweg, the founder of the ‘Querdenken’ movement, citing the insignificance of the case. This announcement was made in court on a recent Monday morning. Court spokesman Timur Lutfullin explained, “The criminal chamber has concluded that the evidence for the accusation of attempted fraud in 9,450 instances is unlikely to substantiate the claims.” Additionally, he noted that evidence regarding attempted and completed tax evasion may only pertain to a smaller remaining amount.
Public Prosecutor’s Office Pushes Back
In contrast, the public prosecutor’s office has firmly rejected the court’s proposal for dismissal. They argue that the evidence gathered thus far does not warrant such a decision. Prosecutor Stefanie Ruben stated, “The chamber has scheduled over 20 more hearing days, indicating that the evidence collection is still far from complete.” From the prosecutor’s perspective, a conviction of Ballweg remains a strong possibility. The authorities claim that Ballweg misused more than half a million euros in donations, misleading contributors about how their money was utilized.
According to the Criminal Procedure Code, proceedings can only be dismissed for insignificance with the agreement of both the public prosecutor’s office and the accused, given that charges have already been filed. Recently, the court, along with the defense and the prosecution, discussed the status of the case in a private session.
Ballweg expressed satisfaction with the court’s proposal, indicating that he feels he is not obligated to prove his innocence; rather, he believes that the burden of proof lies with the prosecution.
Later that evening, a spokesperson announced that the public prosecutor’s office had filed a disqualification motion against the presiding judge and two associate judges. They expressed concerns that the judge had prematurely established a legal opinion favoring the accused. Although motions for disqualification are not uncommon, they are typically initiated by the defense rather than the prosecution. According to the court spokesman, the proceedings will continue for now, with a vote on the motion expected within two weeks, keeping the current panel of judges in charge of the hearings.
The ‘Querdenken’ movement, which gained traction during the pandemic, saw Ballweg raise over one million euros through public appeals. The prosecution claims he misused €575,929.84 for personal expenses, while verifiable expenditures for the movement total €843,111.68. Notably, Ballweg faces charges of attempted fraud rather than outright fraud, as some donors were reportedly indifferent to the fate of their contributions.
Michael Ballweg was incarcerated for several months due to concerns about a potential flight risk. Throughout this time, his legal team has consistently denied the allegations against him, and supporters have rallied outside the prison. The ‘Querdenken’ movement, which began in Stuttgart, staged numerous public demonstrations during the COVID-19 pandemic against political measures aimed at controlling the virus, often clashing with police and media representatives.
Beginning in October, the Stuttgart Regional Court will conduct hearings regarding the case against Michael Ballweg, focusing on the accusations of attempted fraud across 9,450 instances: Did he misappropriate donation funds since May 2020?
After spending nine months in pre-trial detention, Ballweg was released from Stuttgart-Stammheim prison on Tuesday.
The Stuttgart Regional Court is set to examine whether Ballweg attempted to deceive donors during his fundraising efforts amidst the COVID-19 pandemic.