Aktuelle Situation von strafrechtlichen Konsequenzen bei Kindesmisshandlung in Deutschland

Abstract

BackgroundGerman criminal law recognizes a number of offences applicable to child abuse depending on the type and circumstances of abuse, many of them carrying considerable sentences. Despite this the number of actual convictions and severe sentences is fairly low.Problem, materials and methodsThe current situation and its causes are illustrated by an exemplary case and are discussed on the basis of police criminal statistics, systematic studies and the conditions of jurisdiction and law enforcement in Germany.Results and discussionIn the majority of those cases that came to the attention of the police and despite sometimes very severe non-accidental injuries, criminal charges were dropped even before indictment and, if there was a conviction the sentences were mostly mild. Relatively mild fines or a suspended prison sentence on probation were not infrequent. One of the problems faced by prosecutors is the fact that they often have several suspects who predominantly use the right to remain silent (e.g. both parents), making indictment or conviction harder to obtain as it is difficult to identify the exact culprit (beyond any reasonable doubt). In several rulings, the German Federal Court of Justice has, however, pointed out that if the real culprit cannot be singled out, there may still be a case of failing to provide assistance, which is a criminal offence in Germany. In recent years, this has led to several convictions. The analysis of the legal outcome of child abuse also shows that the quality of forensic medical records can be of decisive importance.