After being brought before the court for hate speech, former member of the Alternative Democratic Reform Party (ADR) Alain Hoffmann is at risk of receiving a 12-month suspended sentence and a fine. His defence has requested for Hoffmann’s acquittal or for a lesser sentence. Hoffmann’s lawyer, Annette Schott-Gantrel, argued that her client, who has no criminal record, did not intend to harm anyone.
Hoffmann, who had presented himself as a candidate of the ADR in the 2023 municipal elections in Dudelange, was charged with hate speech after he made comments under an RTL article on Facebook that called for leftists to be stabbed, which led Carole Thomas of The Left (déi lénk) to lodge a complaint. She was not the only one to criticise him, as Alain Hoffmann resigned from the ADR after publishing his comments. According to the public prosecutor, Hoffmann also used the terms “good-for-nothing” and “pack of dirt” to refer to migrants.
The public prosecutor deemed Hoffmann’s comments as unacceptable, particularly in the current context of social polarisation that has claimed many victims of hate speech. Given his clean criminal record, the public prosecutor has asked for a suspended sentence coupled with an order for Hoffmann to undergo some form of therapy with the organisation respect.lu.
For Mrs. Gantrel, a prison sentence is a disproportionate penalty, underscoring her client’s regret over his comments and nuancing the context that led to Hoffmann’s actions, such as “personal trauma”. Mrs. Gantrel also emphasised that Hoffmann’s comments were made in the heat of the moment, thus without much thought.
Hoffmann declared to the court that his comments were the result of an outburst of rage after reading a comment made by The Left spokesperson Carole Thoma. He further declared that, although he wishes for refugees with a criminal record to be deported to their home countries, he has nothing against immigrants in general.
However, the public prosecutor was not convinced, providing further proof of Hoffmann’s intention by pointing to another comment he made against immigrants. According to the public prosecutor, the accused has “not understood” the gravity of his actions. However, should the court decide on a penalty against Hoffmann, then it should not be a 12-month prison sentence, according to his lawyer Annette Schott-Grantel.
