Kernrechtsfrage
Whether non-forwarding the prison letter under Art. 235(3) StPO was lawful despite its allegedly insulting content.
Extrahierter Entscheid
No. The letter contained criticism that was at most tasteless or improper, but not grossly insulting or clearly defamatory enough to justify censorship.
Extrahierte Begründung
A prisoner's mail may not be restricted merely because it criticizes authorities in an undignified way. Only obscene insults or clearly grossly defamatory statements justify withholding. The disputed passages did not directly accuse the prosecutor of abuse, did not clearly invoke the Third Reich, and were at most questionable or vulgar.