Cultural Considerations in Criminal Proceedings: Minors as Private Accessory Prosecutors Without the Consent of Their Parents?
by Silvia Tellenbach
Question(s) at stake
Whether minors can participate as private accessory prosecutors (Nebenkläger) in child abuse proceedings without parental consent if they fear that their parents’ knowledge of their participation could seriously endanger their lives given the high value commonly attached to honour in their culture of origin.
Outcome of the ruling
The lower court initially allowed the minors to join as private accessory prosecutors without parental consent if obtaining such consent would seriously endanger the minors. However, the Higher Regional Court later overturned this decision and declared the joining of minors as private accessory prosecutors without the consent of their parents invalid.
Country:
Official citation
Regional Court Berlin, 30. Criminal Division, Decision of 27 November 2009, 530 - 37/09, (530) 5 Ju Js 343/07 (37/09) (LG Berlin, 30. Strafkammer, Beschluss vom 27. November 2009, 530 - 37/09, (530) 5 Ju Js 343/07 (37/09) )
Topic(s)
Keywords:
Best interests of the child Children's rights Sexual abuse (child/adult)
Tag(s):
Minor Private accessory prosecutor Consent of parents
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.