Terrible consequences of a harmless compliment
by Silvia Tellenbach
Question(s) at stake
Whether attempting to kill a person because of a harmless compliment to the perpetrator's girlfriend amounts to murder under aggravating circumstances for base motives.
Outcome of the ruling
Attempting to kill a person because of a harmless compliment to the perpetrator's girlfriend amounts to murder under specific aggravating circumstances for base motives because of the disproportionate nature of the cause and the act.
Country:
Germany
Official citation
Federal Court of Justice, 5th Criminal Division, Judgment of 13 November 2019, 5 StR 466/19 (BGH Urteil vom. 13. November 2019 , 5 StR 466/19)
ECLI:DE:BGH:2019:131119U5STR466.19.0
Topic(s)
Keywords:
Equality between men and women
Honour crimes
Non-discrimination
Proportionality
Tag(s):
Chechen
Muslim
Bibliographic information
Tellenbach, Silvia (2024):
Terrible consequences of a harmless compliment,
Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany,
CUREDI033DE024,
https://doi.org/10.48509/CUREDI033DE024.
About 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.