Amnesty for Bayern: Open Corona Procedures

The Bavarian judiciary has decided to discontinue open criminal proceedings against Corona offenses.

This decision affects all proceedings that have not yet been concluded by a final judgment.

The Bavarian State Ministry of Justice announced that the decision was made in order to relieve the burden on the judiciary and to create legal certainty for those affected.

The decision applies to all offenses under the Infection Protection Act, which were committed before April 1, 2023.

These offenses include, for example, violations of mask requirements, contact restrictions, and quarantine regulations.

The amnesty does not apply to offenses that were committed with willful intent or gross negligence.

In addition, the amnesty does not apply to proceedings that are already pending before the higher regional court.

The decision of the Bavarian judiciary is in line with a resolution of the German Bundestag from March 2023, which called for an amnesty for Corona offenses.

The resolution was passed with the votes of the SPD, Greens, FDP, and AfD.

The CDU/CSU parliamentary group voted against the resolution.

The decision of the Bavarian judiciary is also in line with the practice in other federal states.

For example, the states of Berlin, Brandenburg, and Mecklenburg-Vorpommern have already passed similar amnesty laws.

The decision of the Bavarian judiciary has been met with mixed reactions.

Some legal experts have criticized the decision, arguing that it sends the wrong signal and that it could lead to a trivialization of Corona offenses.

Others have welcomed the decision, arguing that it will relieve the burden on the judiciary and that it will create legal certainty for those affected.