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Innocent angels?
Thief helper?
Or both at the same time?
In any case: children.
Photo: AlexLinch / Getty Images / iStockphoto
freedom
In the "Everything new!"
On September 25th I reported on a draft law to improve the protection of children under criminal law.
That wasn't wrong, but it mixed up the titles of two bills, which I only noticed now.
Therefore, here is a correction, combined with a small update: The "draft of a law to improve the criminal protection of children" has been introduced by the Federal Council (based on a legislative proposal by the State of Hesse from October 2018, Federal Council printed matter 518/18) and has the Bundestag printed matter number 19/23569.
He does not deal directly with the sexual criminal law, but proposes to introduce an offense of "child abduction" in § 235 StGB.
So far, this regulation has threatened perpetrators who “withdraw” a child from custodians in order to take it abroad, or “withhold” a child who is already abroad from a custodial person.
The regulation is aimed in particular at situations such as those that arise in the case of parenthoods in which a partner lives (again) abroad or has family connections there.
In the case of conflicting separations, it is not uncommon for children together to be taken abroad in order to stay with the family of the partner who has returned abroad.
This not only leads to great difficulties in terms of family law, but also to painful separations and alienations, necessary coercion and, under certain circumstances, long-term traumatisation when children are taken away from their mothers or fathers and taken to grandparents or siblings on the paternal or maternal side abroad and hidden there.
Such acts are therefore rightly prosecuted.
Thomas Fischer, arrow to the right
Born in 1953, is a legal scholar and was Chairman of the 2nd Criminal Senate of the Federal Court of Justice.
He is the author of an annually revised standard short commentary on the criminal code and numerous other specialist books.
However, one can think about the following: The offense of § 235 is in the 18th section of the special part, this is called "Offenses against personal freedom" and contains criminal provisions against human trafficking, forced prostitution, wage slavery, deprivation of liberty, hostage-taking and coercion, among other things.
It is therefore not convincing if the child abduction is also accommodated here, because this act is not regularly directed against the freedom of the child: the act is also completed when the child agrees or even wants to be withdrawn.
Restrictions on the child's freedom
may
or may not be part of or a consequence of the crime.
The act is directed more against the rights of the person with custody and in this respect would rather fit into the section "Offenses against civil status, marriage and family".
In the past 50 years, however, the legal interests of "marriage and family" have lost a lot of their shine in general awareness: the criminality of bigamy and incest are more exotic flowers in the general perception (although this is probably not the case for incest in connection with the sexual abuse of children applies);
Incidentally, marriage in particular is now regarded by many as a rather dubious institution, only nurtured by allegedly scandalous tax advantages - in contradiction to the culture of enthusiasm for bachelorette parties, dream weddings and gay marriage.
The time when sexual infidelity was prosecuted by the state through criminal law seems to go back centuries (see Leviticus 20:10).
In fact, the criminal liability of adultery (§ 172 old version: imprisonment up to six months for adulterers and "complicit parties") has ceased to exist in the Federal Republic only since September 1, 1969, in the GDR from July 1, 1968. The moral arrogance with which from The promiscuous Olympus of modernity is looked at the rest of the world is not very honorable.
The proposed new version wants to add a variant to the basic offense of Section 235 StGB:
"(Likewise, whoever) ... kidnaps a child or illegally seizes a child without being their relative, guardian or carer."
The prerequisite is that the act can either endanger the child's best interests or is "to be regarded as reprehensible" in individual cases.
So it is not about "withdrawing" or "withholding", which according to the case law requires a certain duration (one hour is enough), but the act should already start with the "taking control", i.e. the acquisition of physical power of disposal, or "kidnapping" (being taken to another place).
That sounds a bit surprising, because in everyday life one very rarely reads about (attempted) child robbery from maternity wards, prams or daycare centers, mostly in connection with psychiatric diagnoses of possible perpetrators.
Most of them know of cases in which innocent children are robbed only from the relevant filmmaking (style-defining: "The hand on the cradle", USA 1992).
There are no significant numbers of cases calling for the introduction of a special issue.
The background to the proposal is different: once again it is about sexual abuse and child pornography.
A legal loophole is seen in cases "in which there has not yet been any acts of sexual abuse or other follow-up acts" (draft law p. 1), thus only including the very small time span between "taking control" and "withdrawing", and this too only in the case of infants and very small children, because everyone else has an aversion to kidnapping and is therefore protected by the offenses of deprivation of liberty (Section 239) and coercion (Section 240).
Logically, a new qualification level is to be introduced: the act becomes a crime (one to ten years) if the power to produce child pornographic content is exploited or if it is committed to make this possible.
As with all crimes (minimum one year sentence), the attempt (including the unsuitable) is punishable.
innocence
Regardless of how one may stand on the question of all-round provision with few gaps in criminal law, this is not implausible in and of itself.
Of course, one could say that the production of child pornography is itself a criminal offense (Section 184b) and one does not necessarily have to threaten the beginning of the attempt (!) With a preparatory act (!) With imprisonment of up to ten years - quite apart from that, whether there are really crazy people who, before taking possession of a small child for the purpose of child pornography for half an hour, read in the penal code how high the commitment to freedom is today.
It is - incidentally - a miraculous fact that especially the fellow citizens, who often and particularly loudly demand an increase in punitive threats so that the bad guys are deterred from possible acts, regularly do not have the faintest idea how high the allegedly too low punishment threats are of the law, and have never looked it up.
For puzzling reasons, which have not yet been revealed to me, they assume that people from social classes and contexts in which the crimes they fear are committed are diligent readers of the Federal Law Gazette and knowledgeable about the Code of Criminal Procedure, and that they disregard every commission First of all, provide legal guidance on the course of the proceedings and the prospect of a remaining suspension of sentences after four years.
Parallel to the draft law "to improve protection under criminal law", the federal government's draft "to combat sexual violence against children" has now been introduced, the planning of which has already been reported here.
The absurdity of calling crimes committed without any physical violence and even with the consent of the victim "violence" is a deliberate misleading of the citizens for mere
show
reasons: The draft law itself states that a change in the content of the term is even not intended;
Only the non-violent acts should now also be called violence in order to "brand" them and to counteract "a trivialization".
(Bill, p. 20).
One might think of this as a silliness that does not matter in law enforcement practice.
But of course it is more than that: A demonstration that people are considered too stupid to differentiate between robbery and theft, murder and assault, rape and breast grabbing, and an affront to a jurisprudence that has tried its best for 250 years to develop a meaningful, rational concept of punishment.
The draft law does not need to be discussed in detail today.
Only so much can be revealed again: Even for the smallest of minor keys, there is no possibility of setting against conditions.
Touching the breast of a 13-year-old girl by her 15-year-old boyfriend becomes a "crime", and if the boyfriend is 18 and the act is an intense French kiss, the sentence is two (!) To 15 (!) Years.
And if the 13-year-old wants, initiates and carries out the action herself, the terrible incident is still called "serious sexual violence against children" and allegedly has to be "branded" with several years' imprisonment.
Such "protection" laws are demanded and enforced by fanatical child friends who, when they were 13 themselves, loudly demanded free access to the pill.
Another icing on the cake: Possession of a
doll
with a childlike appearance, which "according to its nature" is intended for sexual activities, is punishable by imprisonment for up to three years.
It doesn't matter whether the doll owner intends or carries out sexual acts;
as well as whether he will ever approach or want to approach a living child.
One can find that irrelevant: Who needs child-like sex dolls for the fundamental freedom of the development of their (sexual) personality?
On the other hand: one border after the other falls, and always with the same argument.
In any case, it is indicative of a mood that can be called
zeal
, very reserved and without defamation
.
Viewed up close, one can somehow find every single one of these fearful and threatening figures understandable.
Not on the whole, because the "fight" carried out with an almost religious furor, even the remote dangers of sexually motivated harassment of persons under 14 years of age, stands in stark contrast to the disinterest that the majority of society has in the much closer social, educational and psychosocial Meets the needs of the child's welfare.
A "battle", the inside increases in fantasies of the prosecution of sex dolls and victim nightmares of "
Innocence
follows" shows obvious features of Übersprungs- and substitute acts when the supposedly located in steadily highest risk
Innocence
otherwise from simple exhaustion of the adults in their own world is left to fate.
A so-called child protection organization founded and led in Germany by a somewhat fairytale group of aristocratic ladies (Mrs. von Guttenberg was also there), which has now achieved the status of an "expert" in this country, has
"
innocence
" in the club name
next to the
danger
.
The high proportion of bluest blood does not prevent her work from being reminiscent of evangelical preachers with a direct line to the very top.
fault
Now, there are, as we know, not least in the depths of the Internet and breaking news, but occasionally in the reality of cities are also totally different children without tears blessed
Innocence
: not innocent, but full of wickedness;
not loving and trusting, but violent and hateful;
not lambs worth protecting, but precocious wolves.
Of course, hardly anyone who talks about such children knows one of them personally.
They live somewhere outside, in no-go areas and clans, parallel societies, social gettos, hot spots;
at best next to those who warn each other about them.
Nobody I know personally has been robbed or beaten up by such a child, many begged for harassment, and some - including the columnist - stolen.
In the past, films like "Die große Flatter" (Richie Müller's grandiose start) were shown about such children on ARD; today, when it comes up, a talk show in which a chief inspector, a takeaway operator and a völkisch MP with early traces in the federal central register declare that they are the criminal Young people have to be put in children's prisons from twelve at the latest to prevent the worst.
For the sake of balance, there is a social worker who has to play the good-humored stupid, and perhaps a juvenile judge who is once again supposedly not alien to anything human.
The question now is: How do we get this together?
Maybe also: Do we even want to get it together?
Or grows apart what doesn't belong together?
In Washington or Montevideo, Tangier or Saint Petersburg, no one is surprised that there is a layer of children whose path through earthly paradise is not disturbed by anything except the winter depression of the anorexic mommy, and a much larger other layer of children who are lost and indifferent to all.
The German fearful citizen finds out from them when a prize-winning report about a children's gang in Manila, childlike solvent sniffers from the Moscow subway or black-haired thieves from the caves of burglar clans, in which tiny child criminals through narrow gaps into the white rooms of the interior -Designs constrained, tortured flayers, neglected apprentices in a parallel world inhabited by "bosses" and "gangsters".
Of course there are boundaries, segments, differentiations, all of them social.
As always, the transitions are interesting.
Those who rail against the elites in Germany today and contrast them with an allegedly better or more realistic "people" are neither wrong in everything nor right in everything with regard to adults.
With the children, however, the order is completely mixed up: If one follows the media storms, one might get the idea that there are only two groups of children left: local and foreign.
This is nonsense, however, because almost all "strangers" are native, namely born here and at home, and the native often uprooted appendages of their parents who have been thrown around the world on their journey through self-optimization.
In the child's victim of violence, physical and emotional abuse, emotional neglect and pathological lack of relationships, different currents meet in a highly interesting, contradicting, unresolved way.
The figure of the child victim, namely sexually motivated acts or unreasonable expectations or even just strange male fantasies, has become an overwhelming leitmotif of the creation of social meaning - a quasi-greatest common denominator on which everyone supposedly agrees and which they, whenever possible, together swear all the goodness of heart and the care of life.
This is illustrated by a penetratingly dominant use of a vocabulary of togetherness, of "we" and "our children", to whom "we" allegedly owe the future.
A Bundestag debate on sexual criminal law nowadays seems like a church service filled with tearful worry, and whoever expresses himself publicly on the subject has to follow strict rules for portraying concern.
In the same breath in which the "lifelong" trauma and suffering of children victims complained and again and again summoned (but hardly anything close to
concretely
discussed, presented and differentiated) are transfigured to the actual or alleged perpetrators to
monsters
of darkness, which can only be dealt with with the earliest possible, as consistent and as long as possible exclusion, control and the toughest deterrent strategy.
On closer inspection, there is only an age difference of 20 or 40 years between the two groups, the traumatized children and the lost adults - otherwise the two groups are made up of a large proportion of the same people and are only shifted in time: the proportion the people who grew up in trusting, happy, self-confident and stable relationships, who at the age of 25 or 45 turn out of the blue into disinterested, dangerous criminals and "child molesters", should go to zero.
The population of the prisons consists largely of old, unhappy, socially and psychologically deviant people who were unhappy, unstable, emotionally neglected children.
If it is true that the abused, traumatized children of today are very likely not just numbers in statistics or patients in therapy facilities, but also dangerous and harmful for themselves and others, then it is also the other way around: Then the shameful perpetrators of today are the tortured children of yesterday and the day before yesterday.
salvation
You don't have to burst into tears of desperation over this insight.
However, not in hatred and irrationality either.
It would be best if you brought things together with rationality, patience and frustration tolerance: Criminal law can neither be made seamless, nor human beings prevented from deviant behavior, nor the whole world chauffeured from one label shop to the next in armored SUVs To escape harassment from meaninglessness and void of relationships.
display
Title: On Punishment: Law and Security in a Democratic Society
Editor: Droemer HC
Number of pages: 384
Author: Fischer, Thomas
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Most of them know that.
The proportion of viciously stupid people is not as large as it might occasionally appear.
Many are just afraid, and not infrequently with reasons.
The reason, however, is not that a gang of unscrupulous child criminals lurks in every underpass, nor is it that almost all blond little angels are used by horrible men for unspeakable purposes.
There is one like the other in reality, but it is no longer the rule than the serial murders in horror thrillers and the undead in fantasy shockers.
One should not confuse the dream images with reality and not take them too literally.
That, or at least one problem, might be a little deeper than that the dragon could be defeated with a few scientific clues to statistics and darkfield research.
One source lies in being a child itself, or rather: in the hysterical flight of entire generations of grown-ups into a realm of childish irresponsibility, of permanent insult, of the longing for an overwhelming return home to a lost or missed security.
An important problem area of child welfare is that today the generations of parents and grandparents compete with their own children to be children.
If the self-moved child friends, thirsting for the merciless punishment of forbidden thoughts, really loved the children, then they would not abandon two thirds of them where it matters: education, upbringing, role model, trust, life chances.
Even here the world will certainly not be redeemed with criminal law, and certainly not be cured.
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