A Deadly Dispute between Roma Families
by Silvia Tellenbach
Question(s) at stake
Whether a homicide committed out of anger over an insult may fulfil one of the possible criteria for murder under specific aggravating circumstances, namely the existence of base motives.
Outcome of the ruling
Killing another person out of anger over an insult is an act based on base motives.
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Official citation
Federal Court of Justice, 5th Criminal Division, Judgement of 28 November 2018, 5StR 379/18 (BGH 5. Strafsenat, Urteil vom 28. November 2018, 5 StR 379/18)
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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.