Deprivation of minors
In German criminal law, the deprivation of minors is the removal of a person who is not of legal age from one or both parents, the guardian or caregiver and makes child abduction a criminal offense.
Criminal offense
In Germany this is a criminal offense or, if the victim is at risk, a crime according to Section 235 of the Criminal Code .
The criminal offense can also be committed by relatives. It is irrelevant whether the kidnapped minor remains in Germany or is taken abroad. Adolescents are only punishable in the event of violence, threats with a sensitive evil or cunning.
Anyone who puts the minor at risk of death or serious damage to health or significant damage to physical or mental development, commits it against payment or in order to enrich himself or a third party, sees a prison sentence of one to ten under German law Years, in less severe cases from six months to five years. Anyone who negligently causes the victim's death as a perpetrator is punished with imprisonment from three years to fifteen years; in less serious cases, the length of imprisonment is limited to one to ten years.
If there is no case threatened with increased punishment, the deprivation of minors is an application offense . The act is therefore only prosecuted at the request of the legal guardian, except in the case of special public interest in prosecution . If the perpetrator causes the child to be detained in another location (e.g. with his relatives), this is a long-term offense . The perpetrator can then be sentenced again and again until he either releases the child or the child comes of age.
There is no criminal case of deprivation of minors if a minor eludes the influence of the custodian. This is justified by the fact that there is no legal obligation for the minor to remain available for the actual influence of the person with custody. Since self-deprivation is unpunished for the minor, whoever incites a minor to do so or helps him to do so, for example by providing accommodation or food in the event of otherwise purely passive behavior, is not punishable either. However, there is a Guarantor and obligation to provide information, can who conceal the whereabouts of elusive minors, for abduction of minors by omission liable to prosecution.
statistics
In 2018, 113 people were sentenced in Germany on the basis of Section 235 StGB, 74 of them convicted, 50 of them between the ages of 30 and 50. 2 people were sentenced to probation without suspension, 23 to probation, 46 to a fine, 3 under juvenile criminal law to a discipline and / or an educational measure. The fine was 26 times 31–90 daily rates, 13 times 91–180 daily rates. 19 people were taken into custody. 55 were convicted and 34 convicted of affected children.
Individual evidence
- ^ Reinhart Maurach, Friedrich-Christian Schroeder, Manfred Maiwald: Criminal law: special part. Offenses against community values. CF Müller GmbH, 2005, page 177
- ↑ § 235. In: Criminal Code. Leipzig commentary. 12th edition, seventh volume, second part volume. De Gruyter, 2010
- ^ A b Valerius: § 235. In: Bernd von Heintschel-Heinegg (Hrsg.): Beck'scher online comment.
- ↑ Bundestag printed matter 13/8587, 38
- ↑ § 235 StGB Rn 6. In: Eckhard Horn , Jürgen Wolter : Systematic Commentary on the Criminal Code (SK-StGB).
- ↑ § 235 StGB Rn 3. In: Karl Lackner , Kristian Kühl : Criminal Code: StGB.
- ↑ § 235 StGB marginal number 7. In: Thomas Fischer : Criminal Code: StGB with subsidiary laws.
- ↑ Federal Statistical Office, Fachserie 10, Reihe 3, 2018, page
