A man in Vienna who was fined £425 for breaking wind loudly in front of police has had his fine reduced to £85 after an appeal.
The unidentified culprit was fined for ‘offending public decency’ after farting provocatively at police on June 5, 2020.
The man successfully challenged the hefty fine by arguing his flatulence was a ‘biological process’.
He also claimed that breaking wind should be seen as a right under freedom of expression, even if he had done so deliberately.
Freedom of expression in Austria is not limited to communication and can take other forms, such as noises, according to the administrative court.
However, the sound or communication must have ‘communicative intent’, which, the court said, was not the case with a fart.
The judge decided that wind, though a communication, was a ‘form of expression that transcends the boundaries of decency’, the Local AT reported.
The court branded the man’s actions ‘ridiculous’ but concluded the culprit only had ‘average’ culpability for the fart and as it was his first offence, reduced the fine.
At the time, city police wrote on Twitter that ‘of course no one is reported for accidentally `letting one go’ once.’
They added that the man had behaved ‘provocatively and uncooperatively’ during an encounter with officers that preceded the incident.
He apparently got up from a park bench, looked at officers and ‘let go a massive intestinal wind apparently with full intent,’ after being asked to confirm his identity.
Defending the fine, police said: ‘Our colleagues don’t like to be farted at so much.’
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