Custody relationship
The custody relationship is a criterion of criminal liability when committing sexual abuse of wards acc. Section 174 of the Criminal Code . In fact, the victim must give the perpetrator u. a. to be entrusted for education. That continues after h. M. a custody relationship.
The main idea is the educational relationship between parents and children, which is transferred to school relationships and applied analogously to comparable relationships. Entrustment that fulfills the requirements of the penal regulation presupposes a dependency relationship between the young person and the respective supervisor in the sense of subordinate and superior order, which encompasses the personal, generally human area.
In schools, according to the rulings of the Reichsgericht, the custody relationship between all teachers and students should arise by virtue of school affiliation. In its fundamental decision of October 30, 1963 , the Federal Court of Justice limited the validity of this principle to manageable proportions in small schools. In large schools, the custody relationship should only be established on the basis of the assignment of the student to the teacher, which should regularly be part of the provision of regular lessons, i.e., subject teachers or class teachers.
According to the Federal Court of Justice, there should be exceptions to this. The supervisory activities and instructions in the context of approved events are listed by name. It is unclear whether trust teachers and the factual activity of trust teachers are exceptions. There is still no case law on this. The decision of the Federal Court of Justice of April 25, 2012 could be of major importance.
Individual evidence
- ^ BGH , decision of June 26, 2003, Az. 4 StR 159/03, NStZ 2003, 661; BGH, decision of April 25, 2012, Az. 4 StR 74/12
- ^ BGH, judgment of October 30, 1963, Az. 2 StR 357/63
- ↑ BGH, decision of April 25, 2012, Az. 4 StR 74/12
