Three Blood Revengers and One Victim
by Silvia Tellenbach
Question(s) at stake
Whether the motive of vendetta is a base motive according to German law.
Outcome of the ruling
The motive of vendetta is to be regarded as base (niedrig) if preserving or restoring family honour was the exclusive motive of the crime and not accompanied by other emotions, such as rage or grief over the recent loss of a close relative, which in themselves are not caused by a base attitude (niedrige Gesinnung).
Country:
Official citation
Federal Court of Justice, Order of 10 January 2006, 5 StR 341/05 (BGH, Beschluss vom 10. Januar 2006, 5 StR 341/05)
Topic(s)
Keywords:
Homicide Revenge / Vendetta / Feud Aggravating circumstances
Tag(s):
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany)
Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').
Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.