David Irving's Fight against Australian Suppression of Free Speech
Documents prised by legal action from the files of Australia's prime minister and his staff

A Hamburg law firm advises the Australian Embassy in Brussels on the legal meaning of Mr Irving's alleged "conviction" by the Germans

April 20, 1994

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David Irving after challenging prime minister John Howard in London on October 23, 1997.

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Curschmann, Schubel & Partner


Per Telefax Nr. 0032 2 230 17 63

 Australian Embassy
and Mission to the E.C.
Attorney General's Department
Att. Frank Schöneveld

B-1040 Brussels

Hamburg. Den 21.04.1994

Re: David Irving

Dear Mr Schöneveld,

Your general question concerning the situation at German Law where a person has been convicted and has lodged appeal against that conviction can be answered as follows:

According to section 449 of the German Criminal Procedure Act, criminal convictions are not executable as long as they are not final and binding, i.e. as long as an ordinary appeal is still possible. Furthermore, the person is presumed to be innocent. Nevertheless, during this period, provisional measures like pre-trail [sic] confinement are possible.

In this context, please note that the constitutional complaint mentioned in my fax of 20.04.1994 is not considered to be an ordinary appeal but an extraordinary legal relief.

Best regards,
Yours sincerely.

Dr. Jan Curschmann

© Focal Point 1999 David Irving