Chase in Guben

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On the night of February 12th to 13th, 1999, right-wing extremist youths attacked three foreigners in the Brandenburg town of Guben . As a result, the 28-year-old Algerian asylum seeker Farid Guendoul (also known in the media under the false name Omar Ben Noui , with whom Guendoul applied for asylum in Germany) died. The attack was later referred to as a hunt in Guben by victim organizations and numerous media outlets .

Sequence of events

Guendoul was out with Khaled Bensaha and Issaka Kaba when eleven xenophobic youths aged 17 to 21 attacked the three men. Bensaha, who had fled in a different direction than his two companions, was caught up with, knocked down and kicked by some of the attackers. He hit his head in a car and passed out. The perpetrators left him because they thought he was dead. Guendoul and Kaba tried to escape to a block of flats on Hugo-Jentsch-Strasse. Guendoul kicked in a glass door, injuring his leg artery and bleeding to death in the hallway within minutes. Kaba managed to escape from the house using a taxi to a bistro, which was subsequently besieged by the persecutors. The police arrested Kaba on suspicion of assault . The youth followed the police car to the station and tried to break in. At the same time, an ambulance diagnosed Guendoul's death.

After unsuccessful attempts to break into the guard, ten of the attackers drove to an Asian restaurant and threw the windows there. Five of them later drove to the scene of the crime on Hugo-Jentsch-Strasse again and were arrested there. The remaining six perpetrators were arrested during the day. An arrest warrant was issued against two of the perpetrators the following day .

process

In the trial before the Cottbus Regional Court on November 13, 2000, after a trial period of 17 months, eight of the defendants were convicted of negligent homicide . The court held that three other defendants were not liable for their deaths. They were convicted of dangerous physical harm . The defense was partly taken over by right-wing lawyers such as NPD member Wolfram Nahrath .

The sentences of the convicts ranged from judicial warnings to three years youth imprisonment. Of the five prison terms, three were suspended.

The 5th criminal division of the Federal Court of Justice (Az. 5 StR 42/02) under the chairmanship of Monika Harms changed the convictions of the main defendants to attempted bodily harm resulting in death on the revisions of the co-plaintiffs and some defendants . The main offender received a youth sentence of two years. All further revisions were discarded, so that the case came to an end from a judicial point of view.

Political commentary on the process

The memorial plaque, which was put up during the trial, was damaged several times by right-wing extremists. After further damage, the memorial plaque was removed for several weeks by the Brandenburg State Criminal Police Office on August 26, 2000 to secure evidence during the investigation .

During the process, Bundestag President Wolfgang Thierse publicly criticized the slow process. In the Frankfurter Rundschau , Wolfgang Kunath criticized this as popular, but wrong: “It puts the court under pressure. In the long term, this type of populism undermines trust in the judiciary, especially in East Germany, much more than the slow grinding of its mills. "

The judgment of the district court was often criticized because it was considered too mild for an act resulting in death. The then President of the Central Council of Jews in Germany, Paul Spiegel, described the verdict as a scandal, as the judiciary missed a valuable opportunity to send a signal. The then Vice-President of the Central Council, Michel Friedman , said in the taz : "It is incomprehensible that young people who contributed to the death of a person get away with suspended sentences." The chairman of the alliance against violence, right-wing extremism and xenophobia, Rolf Wischnath, called the judgment morally unsatisfactory, but the court decided according to the rule of law.

Reception in law

The case of the "Gubener Hetzjagd" is very often cited in the criminal law teaching and commentary literature on the offense of bodily harm resulting in death ( Section 227 of the Criminal Code ) as an example of a constellation in which the victim - triggered by the behavior of the perpetrator - harms himself (Without the action of the perpetrators, the victim would not have made the decision to kick in the glass door and the fatal injury would not have occurred).

It is controversial among lawyers whether the necessary factual-specific risk-realization connection (or direct connection ) exists between the (attempted) physical injury and the result of death. According to the case law of the Federal Court of Justice (BGH), it is sufficient if the occurrence of death realizes the specific danger of the bodily harm ( physical act ) of the perpetrator. Thereafter (as in this case) a successful attempt at bodily harm resulting in death is even possible. According to another view, the serious consequence of death must result from the specific danger of the physical harm inflicted by the perpetrators as such (bodily harm) . That would not be the case here, since the perpetrators themselves had not (yet) inflicted any harm on the victim. Attempted bodily harm resulting in death is, according to this view, unthinkable anyway. Further legally problematic questions in this case are the time of the start of the experiment and complicity in the offense qualified as success .

The groundbreaking decision of the BGH has been discussed - sometimes critically - by a number of lawyers in various specialist and training journals.

Later activities of the perpetrators

Shortly after the verdict, on December 26, 2000, one of the perpetrators was again conspicuous by a knife attack. Together with another young person in Guben, he first racially insulted a 20-year-old German and then stabbed a knife in the back. The companion of the 20-year-old victim was also injured by blows in the face.

At the local elections in Brandenburg in 2008, one of the convicted perpetrators stood as a candidate for the right-wing extremist NPD . Alexander Bode, convicted as the main perpetrator, ran unsuccessfully in the Spree-Neisse district , is now vice chairman of the NPD district association Lausitz and said in 2012 that he “had nothing to regret”.

See also

literature

  • Trial observation group Guben (Ed.): Just one more dead person. Everyday racism in Germany and the Guben hunt. Unrast-Verlag, Hamburg / Münster 2001, ISBN 3-89771-806-5
  • Christoph Sowada: The "Gubener Hetzjagd" - Attempted bodily harm resulting in death. In: Legal training (JURA), 2003, pp. 549–559.

Web links

Individual evidence

  1. ↑ opferfonds-cura.de
  2. ↑ opferperspektiven.de
  3. ↑ Alexandra Klei : The night of 12./13. February 1999 in Guben , 13 February 2013, re: guben.
  4. ↑ Katrin Zimmermann, Jürgen Schwenkenbecher: Horror after the death of an asylum seeker in Guben . In: Berliner Zeitung , February 15, 1999
  5. ↑ Manja Nowitzki: NPD member as a defender . ( Memento from December 8, 2013 in the Internet Archive ) In: Nordkurier , July 11, 2011
  6. ↑ Jürgen Dahlkamp, ​​Carsten Holm, Irina Repke: Terrible advocates . In: Der Spiegel . No. 47 , 2000, pp. 78-79 ( online ).
  7. ↑ a b Convicted violent offender running for elections . (link is dead, April 26, 2012), Rundfunk Berlin-Brandenburg (rbb), September 5, 2008
  8. ↑ Katrin Bischoff: Number 14 is hidden behind curtains . In: Berliner Zeitung , November 15, 2000.
  9. ↑ Wolfgang Kunath: A mild judgment. In: Frankfurter Rundschau , November 14, 2000
  10. ↑ Yahoo! Headlines: Paul Spiegel criticizes Richter for judgments in the “Hetzjagd-Trial” ( memento of the original from May 28, 2006 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Nov. 19, 2000 @1@ 2Template: Webachiv / IABot / www.stress Faktor.squat.net
  11. ↑ a b Right, not justice. In: taz , November 14, 2000
  12. ↑ E.g. Gunter doctor, Ulrich Weber , Bernd Heinrich , Eric Hilgendorf : Criminal law special part. Textbook. 2nd edition, Bielefeld 2009, § 6 marginal number 76 (p. 178)
    Michael Heghmanns : Criminal law for all semesters. Heidelberg 2009, Rn 439 ff. (P. 128 f.)
    Reinhart Maurach , Friedrich-Christian Schroeder , Manfred Maiwald: Criminal law special part. Part 1: Offenses against personal and property rights, 10th edition, Heidelberg 2009, § 9 Rn 31 (p. 132)
    Rudolf Rengier : Criminal Law Special Part II. Offenses against the person and the general public. 13th edition, Munich 2012, § 16 marginal number 18, 31 (p. 138, 142)
    Johannes Wessels , Michael Hettinger : Criminal Law Special Part 1. Crimes against personal and community values. 37th edition, Heidelberg 2013, marginal number 301 (p. 93)
    Armin Engländer : The danger connection with bodily harm resulting in death. In: Goltdammer's Archive for Criminal Law (GA) 2008, pp. 669–685.
    Hans Kudlich: The successful offense in case processing. In: Juristische Arbeitsblätter (JA), 2009, pp. 246–251, on p. 249
  13. ↑ E.g. Thomas Fischer : Penal Code with subsidiary laws. 61st edition, Munich 2014, § 227 Rn 2, 3c (p. 1580, 1582)
    Bernhard Hardtung, in: Wolfgang Joecks , Klaus Miebach (Ed.): Munich Commentary on the Criminal Code. Volume 4, 2nd edition, Munich 2012, § 227 Rn 18 (p. 1018)
    Hans-Ullrich Paeffgen , in: Urs Kindhäuser , Ulfrid Neumann , Hans-Ullrich Paeffgen (ed.): Criminal Code (Nomos Comment). Volume 2, 4th edition, Baden-Baden 2013, § 227 Rn 10 (p. 1999 f.)
    Karl Lackner , Kristian Kühl : Criminal Code. Comment. 27th edition, Munich 2011, § 227 Rn 2 (p. 1052)
    Carsten Momsen, Gundula Momsen-Pflanz, in: Helmut Satzger , Wilhelm Schluckebier , Gunter Widmaier (ed.): Criminal Code. Comment. 2nd edition, Cologne 2014, § 227 Rn 16 (p. 1407)
    Walter Stree , Detlev Sternberg-Lieben , in: Adolf Schönke , Horst Schröder (ed.): Criminal Code. Comment. 28th edition, Munich 2010, § 227 Rn 4 (p. 2056)
  14. ↑ Federal Court of Justice, judgment of October 9, 2002 against B. u. a., file number 5 StR 42/02 . Printed in decisions of the Federal Court of Justice in Criminal Matters (BGHSt), Volume 48, p. 34 ff.
  15. ^ Bernhard Hardtung: Successful attempt at bodily harm resulting in death. In: New Journal for Criminal Law (NStZ), 2003, pp. 261–263
    Martin Heger : Successful attempt at bodily harm resulting in death. In: Juristische Arbeitsblätter (JA), 2003, pp. 455–458.
    Kristian Kühl : The possibility of attempting bodily harm resulting in death in the form of a successful attempt. In: JuristenZeitung (JZ), 2003, pp. 637–640.
    Christian Laue: Is a successful attempt at bodily harm resulting in death possible? In: Juristische Schulung (JuS), 2003, pp. 743–747.
    Ingeborguppe : Possibility of attempting bodily harm resulting in death in the form of a successful attempt. In: Juristische Rundschau (JR), 2003, pp. 123–125.
    Christoph Sowada : The "Gubener Hetzjagd" - Attempted bodily harm resulting in death. In: Legal training (JURA) 2003, pp. 549–559.
  16. ↑ Two arrest warrants. In: www.spiegel.de. Der Spiegel , December 28, 2000, accessed July 25, 2020 .
  17. ↑ 18-year-old arrested confesses Guben's knife attack. In: rp-online.de. Rheinische Post , December 28, 2000, accessed on July 25, 2020 .
  18. ↑ Criminal Party NPD. In: Die tageszeitung , March 22, 2012.