Exceptional Circumstances and Regional Values in a German Court Decision on Treacherous Murder
by Silvia Tellenbach
Question(s) at stake
1) Whether the sentence handed down to a perpetrator who treacherously kills his wife’s alleged lover can be mitigated based on the existence of exceptional circumstances. 2) Whether a crisis experienced by the perpetrator as a result of the values of his region of origin can constitute such exceptional circumstances.
Outcome of the ruling
If a perpetrator who treacherously kills his wife’s alleged lover goes through a crisis influenced by the values of his region of origin, the sentence imposed on him cannot be mitigated on the grounds of exceptional circumstances.
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Official citation
Federal Court of Justice, 1st Criminal Division, Judgment of 10 May 2005, 30/05 (BGH, Urteil vom 10.05.2005, 1 StR 30/05)
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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.