Crime against foreigners

from Wikipedia, the free encyclopedia

The crimes committed by foreigners is a criminological term that refers to crimes committed by foreigners are committed. For Germany, the Federal Criminal Police Office published a study in 1988 with the title Foreign Crime in the Federal Republic of Germany ; insofar it is a police term. However, the term is also used as a political catchphrase with a xenophobic tendency, which is intended to suggest that foreigners are particularly prone to punishment. The use in criminological statistics is criticized by scientists as aiming at "an expected otherness", which should be interpreted with caution or revised in the direction of social comparison categories.

The proportion of foreigners in the resident population in Germany was 12.4% in 2019. According to the police crime statistics (PKS) compiled by the German Federal Criminal Police Office for 2019, the proportion of non-German suspects in crimes without violations of immigration law is 30.4% and in violent crime 37.5%. At the same time, however, the PKS recorded a decline in crime , which in relation to the frequency of criminal offenses was 21% between 1993 and 2019, 57% for theft in the same period and 18% for violent crime since 2007.

For several reasons, however, the proportion of people of non-German origin resident in Germany and the group of non-German offenders cannot be directly related. For example, the proportion of foreigners given in the PKS also relates to suspects who are not based in Germany, such as tourists or business travelers. In addition, compared to Germans, foreigners more often belong to low-income classes of the population who live in precarious social conditions, and in which Germans also have an increased tendency to crime.

Basics

Foreign crimes refer to criminal offenses, but not administrative offenses (e.g. exceeding the speed limit by an Italian in Austria ) that are committed by people who are not citizens of the state in which the offense was committed.

If the term is used as a political catchphrase, criminal offenses by naturalized migrants are sometimes also assigned to foreigner crime in an undifferentiated manner, so the migration concept is implicitly used instead of the foreigner concept. This corresponds to the common slang usage of the word foreigner as a synonym for migrant. Such a use of the term corresponds neither to the official language nor to the modus operandi in German police crime statistics . However, in some countries there are also statistical surveys on migrant crime.

The question of the perpetrator and complicity of foreigners is of little relevance to the current criminal law developments due to cross-border organized crime . The basis of this class of offenses is the UN resolution Convention of the United Nations against transnational organized crime A / RES / 55/25 of November 15, 2000, of the EU with Council Decision 2004/579 / EC of April 29, 2004 (Official Journal L 261 of August 6, 2004), ratified by Switzerland on October 27, 2006.

A comparative study by the “Berlin Forum on Violence Prevention” assumes the interaction of various factors when searching for the causes of crime by foreigners:

“Today there is no longer any serious doubt that the characteristics ' nationality ' or ' ethnicity ' are meaningless for the explanation of crime. Of course, this also applies to the term “ foreigner ”, which “results from the difference between the nationality of an individual and his / her current geographical location. There is no single valid reason to believe that this should be a cause of crime. '"

It also says:

“A comparison of different European countries shows that each other minorities are characterized by a special conspicuousness in the area of ​​juvenile delinquency. In Germany and Switzerland, young people from Turkey and the former Yugoslavia are conspicuous for their particularly high levels of violence. In the Netherlands, Moroccan adolescents have long been represented far above average, while Turkish adolescents with a comparable migration history and social situation are not conspicuous. In England and Wales, there is a remarkable difference between the high level of awareness of young people from the Caribbean and the extremely low level of awareness of young people from Pakistan, India and Bangladesh who immigrated around the same time and many of whom are in one difficult social situation. [It seems] that in order to understand the problem of crime among immigrant minorities, we have to assume a complex interaction between social dynamics in the country of origin, specific patterns of migration itself and the newly emerging living conditions in the host country. "

The German Press Council stipulates in section 12.1 ("Reporting on criminal offenses") of its " Press Code ":

“In the reporting of criminal offenses, the affiliation of the suspect or perpetrator to religious, ethnic or other minorities is only mentioned if there is a justifiable factual reference for the understanding of the incident reported. It is particularly important to note that mentioning this could fuel prejudice against minorities. "

Germany

In Germany , foreigner crime is a criminological term that refers to offenses that are committed by non-Germans within the meaning of Article 116 of the Basic Law .

Methodological problems

From the relatively high proportion of foreigners among the suspects , convicts and prisoners (see below), many draw the conclusion that foreigners are generally more inclined than Germans to commit crimes. When evaluating the statistics, however, there are some methodological problems to be considered:

Question: Comparison of those living in Germany

If one wants to compare the German with the foreign resident population in Germany, then criminal offenses must be filtered out from the statistics, those by foreign tourists (33,184 of 462,378 non-German suspects were tourists in 2009), travelers or who are only temporarily staying in Germany for other reasons People are perpetrated. Organized crime crimes in particular fall into this category, which accounts for between a quarter and a third of the crimes committed by foreigners. In 2006, 12.6 percent of the foreign suspects belonged to the group of foreigners who were illegally staying in Germany , which are not recorded by any statistics . Also to be filtered out of the statistics are cases in which people in Germany become victims of crimes that are committed from abroad (e.g. in the form of internet crime made possible by foreign servers).

It is noticeable that 17.3 percent of the 490,278 non-German suspects in 2007 belonged to the “employee” category, while the overall proportion of employees among the total of 2,294,883 suspects was only 3.7 percent. Foreign workers were not as easily suspected of crimes as the total number of foreigners (21.4 percent of all suspects were foreigners in 2007), but having a job did not prevent foreigners from contacting themselves to the same extent as the comparison group of Germans participate in a crime.

Crimes specific to foreigners

Crimes that are only rarely committed by Germans (due to the lack of advantages of violating the law) must also be filtered out. In the case of statistics, for example, it must be checked whether they take into account criminal offenses against the Residence Act , the Asylum Act and the Free Movement Act / EU . Such crimes are almost exclusively committed by foreigners. In 2006, 17.5% (2005: 16.6%) of all non-German suspects were found to have violated the Residence Act, the Asylum Procedure Act and the EU Freedom of Movement Act. The high proportion of foreigners in the crime of forgery of documents (40 percent) is often related to the desire to create a basis for a stay in Germany (Germans have this basis from the outset due to their national status).

Delinquency, conspicuousness and willingness to report

It must also be taken into account that not every criminal act is reported and not every suspicion is confirmed. Due to prejudice in connection with crimes, foreigners often quickly come under suspicion ( suspicion effect ) and are more likely to be reported than Germans ( reporting effect ) for criminal offenses .

If the reporting behavior of the population or the intensity of persecution by the police changes, the boundary between brightfield and darkfield can shift without the need to change the extent of the actual crime.

Social status

The Federal Criminal Police Office writes:

“The actual exposure of non-Germans living here compared to Germans cannot be determined for several reasons. The double dark field in the population and crime statistics, the high proportion of foreign-specific offenses and the differences in age, gender and social structure stand in the way of an evaluative comparison (...). It should also be noted that the result of the criminal proceedings cannot be taken into account in the PKS. Basically it can be said that only a minority of the German as well as the non-German resident population appear as suspects at the police station, mostly because of offenses with a low degree of severity .. "

statistics

Current status

In April 2019 the statistics "Crime in the context of immigration" of the Federal Criminal Police Office (BKA) were published for the year 2018, which, among other things, the influence of immigration on criminal offenses (the crime fields criminal offenses against life (murder and homicides), sexual Self-determination , which represents personal freedom and crimes of brutality (especially bodily harm and robbery ). It turns out that this year there were 101,956 victims of crimes in which at least one immigrant was suspected. Conversely, there were only 8,455 victims of a crime by a German suspect among immigrants (refugees, asylum seekers, tolerated persons or with a settlement permit).

A statistical comparison also shows that the proportion of foreigners who are suspected of a crime is significantly higher in the police crime statistics than would be expected based on their proportion of the resident population. When assessing this finding, it must first be taken into account that in terms of the statistics, a foreigner is someone who is exclusively non-German. On the other hand, the place of residence does not play a role in the statistical recording. Second, there is a theory that foreigners are more likely to be suspected of a crime. Thirdly, it should be taken into account that the willingness to report foreign-identified offenders could be higher due to victims of German origin. A study by the sociologists Jürgen Mansel and Günter Albrecht points to this. Fourth, the social situation could play a role as a distorting factor. So the sociologist Rainer Geißler comes to the conclusion that when comparing the crime rate of (!) Foreigners living in Germany and nationals within the same class, the former are even less criminal overall. The comparison between foreigners and Germans ignores such decisive and above all unevenly distributed social characteristics. This unequal social structure, in turn, has complex social causes. In general, gender (men more susceptible), age (boy more susceptible), region (city dwellers more susceptible) and qualifications (unskilled workers more susceptible) are counted among these characteristics.

Proportion of foreign suspects in various crime categories in 2017
Offense group Number of criminal suspects including foreigners Total proportion of suspects
Murder and manslaughter 2,707 1,145 42%
Dangerous and serious bodily harm 145,658 54,993 38%
Rape and sexual assault 9.414 3,483 37%
Theft under aggravating circumstances 89,458 38,416 43%
Robbery, blackmail and predatory attack on motorists 26,948 10,860 40%
Crimes against the environment 8,112 2,205 27%

The proportion of foreigners in the number of convicted criminals totaled 31% in 2016, while the proportion of foreigners in the total population was 10.9%. Also among the prisoners foreigners are significantly over-represented: the proportion of prisoners of foreign nationality in the total occupancy of the prisons of the country North Rhine-Westphalia around 28 percent (as of 2017). More than 42 percent of prisoners in Bavaria's prisons are not German citizens; Refugees play no role in Bavaria's prisons (as of 2016).

For specific information on this topic with regard to the refugee crisis, see also: Article “Refugee crisis in Germany from 2015”, section “Crime in the context of immigration” . In 2015 there were a total of 2,011,898 suspects. Of these, 27.6% were non-Germans and 5.7% immigrants. Of the 3,163,311 identified crimes, 6.5% were committed by immigrants. The Federal Criminal Police Office (BKA) understands immigrants in the PKS to be asylum seekers in ongoing proceedings, rejected asylum seekers with a tolerance, quota / civil war refugees and people without a residence permit. On the other hand, guest workers, recognized asylum seekers or labor migrants from the EU are expressly not meant in the PKS.

In 2016 there were a total of 2,360,806 criminal offenses, of which 2,022,414 were offenses without violations of immigration law (i.e. offenses against the Residence Act, AsylVfG and Freedom of Movement Act / EU). A total of 2,360,806 suspects were recorded in the police crime statistics, of which 953,744 (40.4%) were recorded as "non-German suspects". If only criminal offenses without violations of immigration law are considered, the number of suspects is reduced to 2,022,414 (2016) with an absolute 626,230 (30.5%) non-German suspects. In the police crime statistics, the data was also broken down according to the reason for the stay of the non-German suspects: The largest categories of suspects in crimes without violations of the law on foreigners are asylum seekers (22.3% of the suspects), employees (11.3%) and tourists / Passing through (4.8%).

According to other types of breakdown by the Federal Criminal Police Office, of the 616,230 non-German suspects (30.5% of the total of 2,022,414 suspects, without violations of immigration law), 174,438 were recorded under the immigrant category in 2016. Suspected immigrants within the meaning of this definition are registered in the police crime statistics with the residence status “asylum seeker”, “Duldung”, “contingent refugee / civil war refugee” and “unauthorized residence”. This corresponds to 8.6% of all suspects and 28.3% of all non-German suspects.

Of the 3,175,324 identified crimes, 9.2% were committed by immigrants.

Trends

Representatives of right-wing populist circles often warn of an increasing threat from crime in general and attribute this supposed increase to foreigners who are particularly susceptible to crime. The media took up this point of view and reported more crime when it came to perpetrators with attributes specific to foreigners. The usual basis in Germany for assessing changes in the area of ​​crime is the police crime statistics (PKS). However, it does not document an increasing trend, but a trend that has decreased over decades. Federal Minister of the Interior Horst Seehofer was satisfied with the presentation of the PKS 2018 in April 2019 and emphasized that Germany was one of the safest countries in the world.

Cases recorded in Germany Total offenses in the years 2005–2019 as a frequency figure (per 100,000 inhabitants); Criminal offenses 000000. Blue: All ads
Black: Minus foreign-specific offenses; Crime Code 890000

As already shown above, there are no statistics on foreign crime. Such a statistic would also be questionable for various reasons. However, the PKS provides interesting trends in this context. In the diagram, the upper curve shows the development of criminal offenses overall, including and the lower curve without foreign-specific offenses. It does not indicate the absolute number of cases or reports, but the frequency figures . That is the number of cases per 100,000 inhabitants in order to calculate out fluctuations in the population over the period.

Since 2005, foreign-specific criminal offenses have also been reported in the PKS . Such cases are named there as violations of the Residence Act, the Asylum Procedure Act and the Freedom of Movement Act / EU . In the years with the largest number of foreign-specific crimes, 2015 and 2016, most of the cases in this grouping of cases came from the two subcategories unauthorized entry and unauthorized residence , namely 96% and 97% respectively.

Without deducting foreign- specific criminal offenses, the total criminal offenses fell from 7,748 per 100,000 inhabitants to 6,548 between 2005 and 2019 . That is a decrease of 15.5%. If the foreign-specific crimes are ignored, the numbers fell from 7,622 to 6,349, which corresponds to a decrease of 17%. Without deducting foreign-specific criminal offenses, the observation period can be extended. In 1993 there was a peak of the reports with 8,337 cases per 100,000 residents. By 2019, they had fallen by 21%. For theft , the frequency went over the same period by 57% and violent crime declined since 2007 by 18%. There can therefore be no question of an increase in criminal offenses overall.

For criminologists , an overall decline in crime is no surprise. It has been known in specialist circles since the early 2000s that there has been a more or less steady decline in the frequency of murders in Europe, at least since the late Middle Ages. It was recognized that the development of other areas of crime, particularly violent crime, often runs parallel to the development of murders. Authors of scientific studies and popular science writings wonder why this basically positive development has remained unknown to the public.

Prisons

According to the Rheinischer Post , the proportion of foreign or stateless prisoners increased in the years 2012–2019.

State \ year 2012 - 2016 - 2019
Baden-Württemberg - 44% - 48%
Bavaria 31% - - 45%
Berlin - 43% - 51%
Bremen - 35% - 41%
Hamburg - 55% - 61%
Hesse - 44% - 44.6%
Lower Saxony - 29% - 33%
North Rhine-Westphalia - 13% - 36%
Rhineland-Palatinate - 26% - 30%
Saarland - 24% - 27%
Schleswig-Holstein - 28% - 34%

Media reception

A study by the Macromedia University and the University of Leipzig on the press releases of the AfD found that foreign suspects are overrepresented in the media. So the media image is strongly distorted.

There are discussions about whether the nationality of people who are suspected of having committed a crime should be omitted more frequently in media reports .

Norway

In Norway, immigrants are generally over-represented compared to the rest of the population. There are big differences between the different countries of origin. Immigrants from Kosovo, Somalia, Iraq and Iran have a much higher rate of convicted criminals, while other groups such as India, China and the Philippines are underrepresented. Residents where both parents have a migration background are more represented.

The vast majority of perpetrators and detainees in Norway are people without a migration background.

Switzerland

statistics

Of the resident population in Switzerland in 2009, 22.0%, i.e. H. 1,714,000 foreign nationals. After Luxembourg and Liechtenstein, Switzerland has the third largest proportion of foreigners in Europe (the proportion within the EU is less than 10% on average).

The Federal Statistical Office published a list of the crime rate by nationality for the first time in September 2010, based on the 2009 police crime statistics. The crime rate of Swiss citizens was normalized to 1 and the relative crime rate of the individual nationalities was given in comparison. Men between the ages of 18 and 34 are recorded (the most universally delinquent population group; this avoids distortions due to different demographic compositions of the members of the individual nationalities), who were accused of violating the criminal law in 2009.

The front runners are Angolans with a rate of 6.3, followed by Nigeria (6.2) and Algeria (6.0). The average of all foreign nationalities is 1.6. The highest rate of any European country is 3.1 (the former Serbia-Montenegro). The highest value for an EU country is 1.6 (Portugal).

Of the 26 nationalities recorded, only Austria (0.8), France (0.7) and Germany (0.6) have a lower rate than Switzerland (by definition 1.0).

The proportion of foreigners imprisoned in Switzerland as of the reporting date in 2012 was 73.8% of a total of 6,599 inmates. However, this number also includes foreigners in custody or in detention. In contrast, the proportion of foreigners among those convicted of criminal law is regularly much lower (1998: 46.3%). However, this percentage must not be compared with the proportion of foreigners in the Swiss resident population, because more than half of these convicted non-Swiss (26.7% of those convicted in 1998) do not have a place of residence in Switzerland and are therefore part of the reference figure for the Swiss resident population not included at all. If only those convicted of the Swiss resident population are taken as a basis, the proportion of convicted foreigners is 27.2% (with a population of 22%). Most of the crime against foreigners in Switzerland is therefore not due to immigrants, but to groups such as those passing through, asylum seekers and tourists, 32% of which were only convicted of violating the Aliens Act.

As early as 1996, the Federal Statistical Office showed that foreign residents of Switzerland are more likely to commit criminal offenses, but that this is mainly caused by violations of special foreigner laws and the different age structure and gender distribution (more men). If you take this into account, there are hardly any differences between the Swiss and non-Swiss resident populations with regard to crime.

Political relevance

“Foreign criminality” came up on the political agenda as early as 1997, when the Swiss share of criminal convictions was below 50% for the first time (80% of the resident population; the share rose again to 50.8% in 2001 and has fluctuated between 46% since then , 9% and 48.8%). In 1999 the Department of Justice and Police commissioned a working group on “Foreign Crime” , which stated in its 2001 report that the conviction rate among asylum seekers was around 12 times higher, while that of foreigners with a residence permit was around twice as high as that of Swiss citizens. At the same time, the working group complained that no comprehensive statistical analysis of the criminal registration of foreign persons, differentiated according to residence status , was recorded.

Crime against foreigners is “a hot topic in public discussion” in Switzerland. On July 10, 2007, the Swiss People's Party launched the federal popular initiative “for the deportation of criminal foreigners (deportation initiative)” , which intended to simplify the deportation of foreigners. It came to the vote on November 28, 2010, together with a direct counter-draft, and was adopted with a majority of 52.9 percent.

The first publication of statistics on foreign crime in September 2010 was commented on by politicians. Due to the significantly higher crime rate among men from non-EU countries, FDP National Councilor Philipp Müller announced parliamentary initiatives with the aim of restricting immigration from non-EU countries. The director of the Federal Office for Migration , Alard du Bois-Reymond , described the “clarity of the picture”, especially the poor performance of Africans, as “striking”.

See also

Legal:

literature

Web links

Germany:

Individual evidence

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  2. a b c d Ilka Sommer: "Foreigner crime" - statistical data and social reality - bpb. In: bpb.de. June 14, 2012, accessed January 5, 2016 .
  3. Federal Statistical Office: Population based on the 2011 census by gender and nationality over time, values ​​from September 30, 2019: 10,335.8 (non-Germans) / 83,149.3 (total) = 12.4%. Retrieved April 13, 2020 .
  4. a b c PKS 2019 - time series overview of case tables. Federal Criminal Police Office, accessed on March 30, 2020 .
  5. dpa: Fact check: Are foreigners more likely to be criminals than Germans? January 19, 2019, accessed January 4, 2020 .
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  8. Conclusion of the United Nations Convention against Organized Crime ( Memento of the original of June 18, 2008 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , SCADplus @1@ 2Template: Webachiv / IABot / europa.eu
  9. Frank Gesemann: Migration, Ethnic Minorities and Violence: A Research Overview ( Memento of the original from December 2, 2013 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. (PDF; 392 kB) @1@ 2Template: Webachiv / IABot / www.berlin.de
  10. Eisner, Manuel: The end of the civilized city? The Effects of Modernization and Urban Crisis on Violent Delinquency. Frankfurt / New York 1997.
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  15. a b Scientific Service of the German Bundestag: Foreigner and Juvenile Delinquency, p. 8 ( Memento of the original from March 5, 2016 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. (PDF; 161 kB) @1@ 2Template: Webachiv / IABot / www.kriminalpraevention.norderstedt.net
  16. Federal Criminal Police Office: Police crime statistics 2007 . P. 116 ( Memento of the original from February 25, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bka.de
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  18. cf. The comparison in the Federal Criminal Police Office: PKS reporting year 2006 Non-German suspects . P. 1 ( Memento of the original from April 11, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bka.de
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  22. BKA, 2014, page 60 ( Memento of the original from January 13, 2016 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. @1@ 2Template: Webachiv / IABot / www.bka.de
  23. Marcel Leubecher: BKA situation picture: Violence by immigrants against Germans is increasing . April 9, 2019 ( welt.de [accessed April 12, 2019]).
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  46. Foreign nationals in Switzerland, Report 2006. ( Memento of the original from March 3, 2016 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. Federal Statistical Office (FSO) @1@ 2Template: Webachiv / IABot / www.bfs.admin.ch
  47. Police crime statistics (PKS) annual report 2009 ( Memento of the original from September 19, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bfs.admin.ch
  48. "The statistics are based on the police crime statistics and were related to the number of people living in Switzerland in the respective group." 20 minutes , The Afrikaner are the most criminal foreigners , September 12, 2009.
  49. the three states of Serbia, Montenegro and Kosovo could not be recorded separately, as their secession was not long ago and many of the accused did not have papers from one of the three successor states.
  50. - ( Memento of the original from November 14, 2007 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. @1@ 2Template: Webachiv / IABot / www.bfs.admin.ch
  51. Working Group on Foreign Crime (AGAK). Final report March 5, 2001 (PDF; 496 kB) p. 28.
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  53. Are foreigners more criminal than Swiss? ( Memento of May 23, 2013 in the Internet Archive ), Press Release No. 42/1996 of May 10, 1996
  54. ^ Foreigner crime in Switzerland ( memento of September 30, 2007 in the Internet Archive ), Bernhard Bircher.
  55. ^ Foreign crimes ( memento from January 16, 2013 in the web archive archive.today ), “Vernunft Schweiz” .
  56. Federal popular initiative "for the deportation of criminal foreigners (deportation initiative)" .