Max Planck Institute for Social Anthropology

The Mistreated Roma Wife

by Silvia Tellenbach

Question(s) at stake

Whether “archaic” (“archaische”) traditions in which the perpetrator is rooted, may be regarded a mitigating circumstance if, in the perpetrators’ country of origin, state law punishes the described acts.

Outcome of the ruling

Archaic traditions the perpetrator is rooted in cannot be considered a mitigating circumstance if the crime is punishable in the perpetrator’s country of origin.

Country:

Germany

Official citation

Federal Court of Justice, 1. Criminal Division, Order of 18 August 2009, 1 StR 351/09 (Bundesgerichtshof, BGH 1. Strafsenat, Beschluss vom 18. August 2009, 1 StR 351/09)

Topic(s)

Keywords:

Bodily harm Sentencing

Tag(s):

Dangerous bodily harm Yougoslavia Foreign legal system Ethnic group Hostage-taking

Bibliographic information

Tellenbach, Silvia (2023): The Mistreated Roma Wife, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI033DE017, https://doi.org/10.48509/CUREDI033DE017.

Access case report

View case report in the CUREDI database

About the authors

Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany) ORCID logo

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.