Victim-Offender Mediation Between Syrian Refugees
by Silvia Tellenbach
Question(s) at stake
Whether a mediation process carried out according to norms of a cultural minority can qualify as a legitimate form of reconciliation within the meaning of Section 46 a of the German Penal Code.
Outcome of the ruling
A mediation process carried out according to norms of a cultural minority can qualify as a legitimate form of reconciliation within the meaning of Section 46 a of the German Penal Code if all the requirements of German law are fulfilled.
Country:
Official citation
Regional Court Freiburg, 10th Small Criminal Chamber, Judgment of 18 June 2019, 63/17 10 Ns 130 Js 3000/17 (LG Freiburg 10. Kleine Strafkammer, Urteil vom 18.Juni 2019, 63/17 10 Ns 130 Js 3000/17)
Topic(s)
Keywords:
Alternative Dispute Resolution (ADR) Bodily harm Mitigating circumstances
Tag(s):
Private mediation Victim-offender mediation Syrian refugees Volutariness of the victim
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.