The fifteen-year-old, suspected of stabbing her three-year-old half-brother in Detmold on Wednesday night, is postponed. This was decided by a judge after the prosecution requested a warrant for murder against the child. He explicitly denied the crime, the police said after the interrogations, but he invoked memory gaps.
It is assumed that the student attacked the boy in an apartment with a knife, died of "multiple puncture wounds", according to the preliminary autopsy report. As a reason for the deed, the investigators take on a "difficult family environment" and "a profound dislike for the half brother".
Suspects arrested by Detmold in Lemgo
After a twelve-hour flight, the 15-year-old was recognized by a passer-by and arrested by police on Thursday in Lemgo, about ten kilometers from Detmold.
Minors suspected of committing crimes (murder, manslaughter, murder on request) in Germany are a great exception. This is demonstrated by the examination of police crime statistics by the Federal Ministry of the Interior. Out of a total of 2,823 suspects, 173 were under 18 in the last year (about six percent), 13 of whom were children under the age of 14. The number has fluctuated in recent years, but has always been at a low level. A trend cannot be deduced from the statistics.
|year||Tat suspect overall||Be suspicious under the age of 18||Share as a percentage||only suspects under the age of 14|
Source: police crime statistics from 2012 to 2018
Teenagers or even children who become murderers often provoke a great public response. Recent cases show that:
- Last year, a ten-year-old boy in Berlin confessed to having thrown a block of wood from a 15-story skyscraper that killed an eight-year-old boy. The police determined due to the crime of deliberate homicide. (Read more about the case here.)
- Also in 2018, a 15-year-old killed a 14-year-old classmate in the capital with 23 knife wounds. He was sentenced to nine years in prison for murder. (Read more about the case here.)
- On the outskirts of the town of Bad Schmiedeberg in Saxony-Anhalt 2016, a thirteen year old killed a friend of the same age with a stone. (Read more about the case here.)
- In the district of Demmin (Mecklenburg-Western Pomerania), a fourteen-year-old shot his mother and a seven-year-old half-sister in the family home in September 2001 – he was sentenced to eight years in prison.
These and similar cases are unanimous that minor perpetrators are treated differently from the judiciary than adults. Those who are not 14 years old at the time of the infringement are generally not tried or jailed. Children are not guilty under the penal code.
"A preliminary investigation was therefore initiated, as the police in principle must clarify and investigate," said attorney Tommy Kujus after the wood block case at star, "However, the procedure is therefore forcibly interrupted by the prosecution, as there is no offense, regardless of the crime involved or the fact that the child proceeded according to plan or in a particularly brutal manner".
At most, the instruction could interfere with: "The measures that the family court can take vary from ordering them to ask for state aid or to ensure that they attend compulsory education, to the removal of the parental authority ", added Kujus at the time.
The maximum penalty in the criminal law of young people is ten years
The situation is different with juvenile suspects aged 14 or over, as in the current Detmolder case. He awaits a trial before the juvenile court. His judgments are not primarily for punishment, but for education. "The application of juvenile justice primarily aims at countering new crimes committed by a young person or a teenager," says the Juvenile Court Act. "He is 15. And for young people in criminal proceedings – whatever they did – is a special protection, "said Detmold attorney spokesman Christopher Imig, in view of the alleged author. The maximum penalty for murder in juvenile justice is ten years.
Juvenile justice also applies to adults under the age of 21 if they are the same as those under age at the time of their "moral and mental development", says the law.
The discussion on the lowering of the punishable age from 14 to 12 years is rekindled again and again. In July, Police Commissioner Rainer Wendt and juvenile judge Andreas Müller discussed DISKUTHEK's discussion model star, on & # 39; topic:
Wendt had renewed his request for a reduction in criminal responsibility, at least for serious crimes, while Müller wants to maintain the existing rules: "I have 14 years of plump bones in front of me, I know, they can barely understand what is happening in the hall should I then condemn twelve-year-olds? "
sources: Federal, Penal Code, Law of the juvenile court, police headquarters Bielefeld, DPA news agency