German Court Overturns Acquittal of Soldier Who Refused COVID-19 Vaccine

More than four years after a German soldier refused to receive a COVID-19 vaccination, the Bavarian Supreme Land Court has overturned his previous acquittal and sent the case back for a new trial. The 36-year-old first lieutenant, who is charged with insubordination, will now face a different criminal panel at the Schweinfurt Regional Court.

The legal battle stems from an incident in early January 2022, when the defendant was participating in a training course at the German Army Infantry School in Hammelburg. During the pandemic, members of the German armed forces, or Bundeswehr, were legally required to tolerate mandatory COVID-19 vaccinations under a rule known as the duty to tolerate.

After refusing the shot at the infantry school, the officer was examined by a senior staff physician to determine if any medical exemptions applied. Finding no medical reasons against the vaccination, authorities repeated the order, but the soldier continued to refuse the injection. He was subsequently sent back to his home company, where he also declined the vaccination, leading to criminal charges.

In September 2023, the Bad Kissingen District Court initially acquitted the soldier of insubordination. The presiding judge cited the proportionality of the vaccination mandate given declining infection rates and reported side effects at the time. The Munich Public Prosecutor's Office appealed the decision, and in January, the Schweinfurt Regional Court dismissed the appeal, ruling that the defendant had not acted culpably because he seriously and sustainably invoked his freedom of conscience.

Unsatisfied with that outcome, prosecutors filed an appeal with the Bavarian Supreme Land Court in Bamberg. The high court justified its decision to overturn the acquittal by identifying flaws in the previous regional court ruling. According to the presiding judge, the court in Schweinfurt failed to properly weigh the individual's interests against the state's obligation to protect vulnerable groups, including military personnel.

The court emphasized that because military forces work in close quarters, their infection risk is heightened, and safeguarding the functionality of the Bundeswehr carries constitutional weight aimed at preserving the health and defense capability of the troops. Across Germany, several other soldiers have previously been convicted and given fines for refusing the COVID-19 vaccine.

Throughout the legal proceedings, the defendant maintained that while he always valued the operational capability of the armed forces, he ultimately acted according to his conscience. Describing himself as a devout Christian, the officer stated that he found no understanding from his superiors at the time, viewing conscience as a sacred dialogue between humans and God.

His defense attorney noted that the refusal has carried severe professional consequences, leaving the soldier barred from entering military barracks, prohibited from wearing his uniform, and receiving only half of his salary.