The Berlin Administrative Court’s Tiergarten division sentenced a 24-year-old ex-student of the Free University of Berlin to three years in prison for assault on Thursday – a harsh punishment for Berlin standards that even exceeded the request of the public prosecutor. The case garnered nationwide attention when the now-convicted student attacked Jewish student Lahav Shapira with a punch in the face during the emotionally charged protests against Israel’s actions in the Gaza Strip, which are perceived as a possible genocide. The defendant admitted to the crime in the main trial but denied any antisemitic motives. He apologized to the victim and offered to pay compensation. The Federal Government’s Antisemitism Commissioner Felix Klein was present in the courtroom on the first trial day on April 8th.
Typically, assault cases for first-time offenders in Germany end with a fine and in severe cases, probationary imprisonment is imposed. Even in cases where unintentional death occurs, courts often only issue probationary sentences. However, on Thursday, the presiding judge Sahin Sezer emphasized general prevention in the sentencing, which is usually only allowed under very specific conditions:
“We must prevent other people from committing such crimes.”
The public prosecutor had requested a sentence of two years and four months in prison for the defendant. The defense attorney requested a probationary sentence of one year and nine months. Probationary sentences can only be imposed in Germany for prison terms of two years or less.
Both Klein and Shapira welcomed the harsh verdict. Klein considered it a “good and fair decision” and stated that antisemitism in Germany would not go unpunished.
The verdict is still not legally binding.