Terror - your judgment

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Movie
Original title Terror - your judgment
Country of production Germany
original language German
Publishing year 2016
length 85 minutes
Rod
Director Lars Kraume
script Oliver Berben , Ferdinand von Schirach and Lars Kraume
production Oliver Berben
music Christoph M. Kaiser and Julian Maas
camera Jens Harant
cut Barbara Gies
occupation

Terror - Your Judgment is a German TV film by director Lars Kraume based on the play of the same name by Ferdinand von Schirach , which was broadcast for the first time on October 17, 2016 in the evening program of ARD and simultaneously on ORF and SRF . In addition to Oliver Berben and Lars Kraume, Schirach was also involved in the script of the film. The shooting took place from April 1st, 2016 to April 26th, 2016 in a studio. The premiere was on October 12, 2016 in the Arri cinema in Munich .

action

The shooting down of a passenger plane by the Luftwaffe Major Lars Koch is up for trial in front of a fictional jury court in Berlin shortly before Munich. A terrorist hijacked a passenger plane with 164 people on board on its flight from Berlin to Munich. When the plane set course for the Allianz-Arena football stadium, which was only 15 km away and filled with 70,000 people , Major Lars Koch, the squad leader of the alarm riot , decided to shoot down the plane with an IRIS-T - air-to-air missile to save the lives of the people in the stadium. The passengers are all killed in the crash over a potato field. This is not shown in the film, but appears as a report during the trial.

Lars Koch's superior was summoned as a witness and reported on the radio communication with the officer and thus also that expressly no order to shoot was given. He also informs about other decisions in the background, e.g. B. that there was no attempt to clear the stadium in Munich early. The wife of one of the killed passengers appears as a joint plaintiff and accuses the accused of murder . She had received a text message from her husband that passengers were currently trying to get into the cockpit . As in a court hearing, the prosecutor and the defendant's lawyer plead at the end.

At the beginning of the program and towards the end, viewers on their home screens are asked to vote as lay judges on the evening of the first broadcast of the film on the given alternative of acquittal or conviction and thus on the outcome of the film. The reasoning for the judgment, which is then sent, includes the audience's vote, even if it does not reflect the real course of a legal proceeding. Only then does the film's credits follow .

poll

With a majority of 86.9 percent, an unknown number of viewers in Germany decided in the context of the vote following the film in favor of acquittal of the pilot responsible for the shooting down, 13.1 percent voted for a guilty verdict. However, there were technical problems here: The website was difficult to access and both telephone numbers were mostly occupied. In Austria , viewers also voted with 86.9 percent for an acquittal. In Switzerland , the pilot was acquitted by 84 percent of those who voted.

The author Schirach had previously stated that the audience could vote: “It is an experimental arrangement . It would never occur to me to want to vote on an actual case. That would be total nonsense and insanely dangerous. ”In an interview with WOZ Die Wochenzeitung Schirach explained:“ Of course we must never allow us to get referendums on legal proceedings - that would be complete madness. The audience does not vote on the film whether someone actually goes to jail. They also do not vote on the constitution, on human dignity or on the Aviation Security Act. The idea of ​​the film is that we talk about what it means to live in this time and what the dangers are. "

The broadcasters have provided background material on a website. This also includes videos of both prepared reasons for the judgment. Only the acquittal variant was sent.

Discussion after the film

Frank Plasberg hosted the subsequent talk show Hard but fair for the first . Its guests were the former Federal Defense Minister Franz Josef Jung , the lawyer and former Federal Interior Minister Gerhart Baum , the theologian Petra Bahr and Thomas Wassmann, a former fighter jet pilot in the Bundeswehr .

In Austria, too, where the viewers were also able to judge, a panel discussion, chaired by Peter Resetarits , took place after the judgment had been made . The guests were Justice Minister Wolfgang Brandstetter , the legal philosopher Elisabeth Holzleithner and the constitutional expert Heinz Mayer . The military tactical expertise contributed the Brigadier Karl Gruber, a former fighter pilot in the armed forces .

Legal background

A flight captain and several lawyers - including the two FDP politicians Gerhart Baum and Burkhard Hirsch - filed a constitutional complaint against the launch authorization in the German Aviation Security Act (2005) . The Federal Constitutional Court declared the provision of this law to be unconstitutional insofar as it allows a passenger plane to be shot down. The permission to shoot down an aircraft manned only by terrorists was declared constitutional.

With the ruling, the Federal Constitutional Court prohibited the legislature from allowing such shooting and exempting it from punishment. It was not decided how a pilot would be treated criminally in such a case. Whether one can kill innocents in order to save other innocents is the subject of the switchman case and the trolley problem, among other things . In the event that a passenger aircraft is used as a bomb by terrorists, a pilot would be faced with the dilemma that if the passenger aircraft were shot down, he would be liable to prosecution if the passenger aircraft were to be shot down, and if it were not shot down, punishable by omission . There is a conflict of duties . A minority of criminal law experts see the conflict of duties as a justification . The majority of criminal law experts see the collision of duties as a reason for excuse ( supra- legal excuse state of emergency ), so the act would be illegal, but not at fault. The pilot Koch from the TV piece would therefore also be acquitted in a real court if there was a supra-legal excusatory emergency.

reception

Movie reviews

"In my eyes, this is showmanship with a process that involves human dignity and the protection of basic rights, the substance of the Federal Republic."

- Burkhard Hirsch : Frankfurter Allgemeine Zeitung

“ Lars Kraume's brilliantly cast TV film Terror uses the special possibilities of the film without revealing the intentions of the stage play: The close-up shots of the faces, the cut, the different perspectives and the mostly slow tracking shots ensure a concentrated, but much more dynamic one Perception than would be possible in the theater. At the same time, the core of this dense, multi-layered chamber play is preserved. Von Schirach wrote a court drama that was immensely captivating from the very first second, which confronts the audience with an existential question: Can one weigh life against life? "

- Thomas Gehringer : tittelbach.tv

“I mean that the author, publisher and media are playing a bad game at the expense of the citizens. […] Those who combine injustice and guilt fall behind our legal culture by centuries (!) And use their audience as Gaudi guests for a cheap legal show. […] The dear viewers are being ripped off by the bar and thread, both by the law-schooled author and by the broadcaster, who enjoys ratings. You will be given instructions about the legal situation that are wrong back and forth and do not even contain the crucial question. At this banana level they can then 'vote' and 'decide on a person's fate'. An art that consists of lies, laziness and incompetence is nothing more than the imitation of itself. "

- Thomas Fischer : The time

“This criticism from fully qualified lawyers, which is certainly justified in the beginning, fails to recognize that the film is about art. Just as satire can massively exaggerate, the writer or screenwriter is allowed to dramatize with means of simplification in order to arouse emotions in the viewer and to initiate a more intensive reflection on basic questions of being ... It is about starting a discussion on elementary questions; Schirach succeeded in doing this through the criticized simplification and was certainly his goal. In this respect, the fierce criticism that is coming now is part of the overall concept. "

- Christian Schertz : Der Tagesspiegel

“In this situation, the pilot has to follow his conscience. The legal situation is clear. The pilot has no orders and therefore no permission to shoot down the passenger plane. It is clear that if he does this, he is acting unlawfully. ... One would have to discuss whether there is guilt here. In criminal law we would have a more open discussion than the play and film suggest for dramaturgical reasons in view of the escalation. But, the constitutional borderline case, it is made very clear by the play. "

- Udo Di Fabio in conversation with Claus Kleber in the Heute-journal : YouTube

“With a language rich in images, Schirach ensures that discussions about laws and conscience are never boring or dry - on the contrary. The dialogues are so precise, the trains of thought so clear, the arguments so comprehensible that 'terror' becomes a veritable word thriller. There is no clearly right or wrong side here and then it is only logical if the judgment is left to the audience. Lars Kraume turns Ferdinand von Schirach's much-discussed play into an outstanding film: The intensity of the words is reinforced by the first-class actors and the excellent staging. "

- Björn Becher : Filmstarts.de

Audience ratings

The first broadcast of Terror - Your Judgment on October 17th, 2016 was seen by 6.88 million viewers in Germany and achieved a market share of 20.2% for Das Erste .

An average of 849,000 (market share 28%) saw the film on ORF, and the subsequent discussion on Am Schauplatz saw 778,000 (market share 34%).

The SRF had 284,000 viewers, which corresponds to a market share of 18.6%.

Awards

literature

See also

Web links

DVD

The film was released on DVD on October 20, 2016 under the following title:

  • Burghart Klaußner, Martina Gedeck and others: Ferdinand von Schirach - Terror - Your judgment. Constantin Film, 2016. 91 min.

Individual evidence

  1. ↑ Terror - your verdict at crew united . Retrieved October 14, 2016.
  2. ↑ Thomas Jordan: How would you decide? Süddeutsche Zeitung , October 13, 2016, accessed on October 14, 2016 .
  3. ^ Plea of ​​the public prosecutor - in the play. ( Memento of the original from October 26, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Author's website. Retrieved on October 26, 2016. The public prosecutor carries u. a. the trolley problem . @1@ 2Template: Webachiv / IABot / www.schirach.de
  4. ↑ "Terror - Your Judgment" on ARD: Viewers clearly opt for acquittal. Spiegel Online , October 18, 2016, accessed October 18, 2016 .
  5. ↑ "Terror": 86.9 percent voted for "Not Guilty" on ORF. In: The Standard . October 17, 2016, accessed October 18, 2016 .
  6. ↑ Quoted here at Spiegel online October 17, 2016.
  7. ↑ «No matter what he does, he will be guilty» Die Wochenzeitung, Oct. 13, 2016.
  8. ^ Anne Haeming: "Terror" in the ARD. In the name of the television people. Spiegel Online, April 28, 2016, accessed October 14, 2016 .
  9. ↑ "Terror - Your Judgment": Is a life worth less than ten? Is Lars Koch guilty or not guilty?
  10. ^ The BVG ruling of 2006 on this.
  11. ↑ Tagesspiegel, On behalf of the viewer , October 19, 2016
  12. ↑ orf.at - The spectators on the bench. Article dated October 17, 2016, accessed October 17, 2016.
  13. ↑ Tröndle / Fischer, Criminal Code, 51st edition, ISBN 3406493874 , before Section 32 marginal no. 11
  14. ↑ Tröndle / Fischer, Criminal Code, 51st edition, ISBN 3406493874 , before Section 32 marginal no. 15th
  15. ↑ a b Thomas Fischer : "Terror" - Ferdinand von Schirach on all channels! Fischer im Recht / ARD, law and art. In: Society. Die Zeit , October 18, 2016, accessed on January 22, 2017 : "If the conditions are met, pilot Koch could easily be acquitted."
  16. ↑ Julia Encke : The threat. The drama of the hour? In: Feuilleton. Frankfurter Allgemeine Zeitung , August 1, 2016, accessed on October 14, 2016 (interview with Gerhart Baum , Federal Minister of the Interior under Helmut Schmidt, and Burkhard Hirsch, Vice-President of the German Bundestag from 1994 to 1998).
  17. ↑ tittelbach.tv: review of the television film “Terror” , accessed on October 17, 2016.
  18. ↑ Christian Schertz: Media lawyer calls for more legal television Der Tagesspiegel, October 19, 2016, accessed on November 7, 2016.
  19. ↑ [1] , accessed on November 5, 2016.
  20. ^ Review on Filmstarts.de , accessed on October 20, 2016.
  21. ^ Sidney Schering: Primetime-Check: Monday, October 17, 2016.quotemeter.de , October 18, 2016, accessed on October 18, 2016 .
  22. ^ "Terror" is a success for ORF , Die Presse on October 18, 2016
  23. ^ "Terror" provides SRF dream quotas , 20 minutes on October 18, 2016
  24. ^ Courier: Ferdinand von Schirach's "Terror" receives ROMY . Article dated April 12, 2017, accessed April 14, 2017.
  25. ↑ DWDL.de GmbH awarded ARD event movie "terrorist" with Rose d'Or - DWDL.de . In: DWDL.de . ( dwdl.de [accessed on September 20, 2017]).