Understanding Femicides in German Law: "Passionate Crimes" in the Courtroom?
Femicide, in all instances, is a form of homicide; however, the justice system needs reevaluation as to how these crimes are addressed and punished. - A Woman's Slaughter Equals a Man's: A Questioning of Gender in Homicide Cases
By Isabelle Zeiher* ~ 7 Min
In a surprising turn of events, Minister of Justice Welte from Lower Saxony proposes a shift in how we view femicides in court - as emotional, "understandable" murders rather than cold-blooded crimes. But what exactly are femicides, and how are they currently addressed in German law?
The term "femicide" may not be a recognized legal term in German criminal law, but it does not mean that these crimes go unpunished. Femicides can, and often are, prosecuted as murder. To do so, one of the murder criteria outlined in the German Criminal Code (Strafgesetzbuch, StGB) must be met.
So, what are these murder criteria? Well, they include instances where the killer exhibits intent, malice, or other aggravating circumstances. In the case of femicides, these circumstances often revolve around the perpetrator's gender-based motives.
However, unlike some other countries, Germany does not currently have a specific legal definition or offense for femicide. This means that gender-based motives are not automatically considered aggravating factors during sentencing. Nevertheless, the court may take these motives into account when determining the severity of the sentence.
There has been growing pressure worldwide, including in some European countries, for a more dedicated approach to combat femicides. Advocates argue that a specific legal definition could help shine a light on the systemic nature of gender-based violence and aid in crafting effective prevention strategies.
In the end, while there's no specific offense for femicide in the German legal landscape, these crimes are handled under existing murder or manslaughter laws. The court has the discretion to consider gender-based motives when sentencing. As the debate around the proposed change continues, it's essential to remember the impact these crimes have on the victims' families and communities and to strive for a legal system that better acknowledges and addresses the complex, often devastating consequences of gender-based violence.
- The employment policy of the Ministry of Justice in Lower Saxony could potentially include provisions addressing the documentation and prevention of femicides, reflecting the minister's proposal for a shift in perspective.
- In the realm of health-and-wellness and womens-health, understanding the emotional and psychological aspects of femicides, beyond just legal classifications, could contribute to effective interventions and policies designed for victim support and perpetrator rehabilitation.
- General-news outlets can highlight international community policies aimed at combating femicides, such as those pushing for a specific legal definition or offense, while crime-and-justice articles can delve into scientific research exploring the physiological and psychological aspects of these crimes, shedding light on their systemic nature and potential contributing factors.
