Murder under Specific Aggravating Circumstances as Reaction to an Insult
by Silvia Tellenbach
Question(s) at stake
Whether a homicide committed out of anger over an insult may fulfil one of the requirements of murder under specific aggravating circumstances due to the existence of base motives.
Outcome of the ruling
The judgment of first stage was quashed and referred back to the Tübingen Regional Court because it had falsely denied the existence of base motives.
Country:
Official citation
Federal Court of Justice, 1. Criminal Division, Judgement of 11 October 2005, 1 StR 195/05 (BGH 1. Strafsenat, Urteil vom 11. Oktober 2005,1 StR 195/05)
Topic(s)
Keywords:
Bodily harm Homicide Proportionality
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.