BGH raises judgment on child abuse - new punishment threatens!

BGH raises judgment on child abuse - new punishment threatens!

In the district of Anhalt-Bitterfeld, a current judgment causes excitement: a swimming master was convicted of sexual abuse on children. According to n-tv he was sentenced by the district court Dessau-Roßlau in May 2024. The acts occurred in August 2022 during his work in an outdoor pool, and he became the victim of his behavior.

What exactly happened? On the laptop of the swimming master, the investigators found image files with child pornographic content. This scandal not only raises similar, but also basic questions about legal treatment of sexual abuse. When checking the case, the Federal Court of Justice (BGH) found that important changes in the Criminal Code were not taken into account, which led to the partial abolition of the judgment.

renegotiation of the judgment

Since the BGH agreed to significantly parts of the judgment, the case is now being negotiated again by another criminal chamber of the regional court. A lower punishment could be considered in this new negotiation, given the latest regulations in the Criminal Code. It is interesting here that the prescribed preventive detention remains, which indicates the severity of the deeds.

The legal framework for such offenses is clearly regulated. According to § 176 StGB, the principle applies: Not every touch is automatically punishable. Rather, the evaluation depends on the significance of the crime, such as anwalt.de . Touches that are not classified as significant cannot often be seen as sexual acts. These include fleeting touches, while more serious crimes such as the touch of the genitals or the same -like movements are punished more strictly.

The legal situation in Germany

A look at the general legal situation shows that the punishments for sexual abuse of children in Germany are quite sharp. The maximum penalty is up to ten years, depending on the severity of the crime. Especially in the light of the current abuse scandals, such as that of Lügde, the Interior Minister of North Rhine-Westphalia, Herbert Reul, demands higher punishments for these hideous offenses. Penalties are defined not only in the context of abuse, but also for possession and the spread of child pornography. Depending on the severity of up to ten years in prison, as Tageschau.de reports.

The legal situation around child abuse is complex and is constantly being developed. In the case of the swimming master, the company also becomes aware of the importance of a clear and just punitive framework. The violations in the Criminal Code could not only influence this specific punishment, but also the legal foundations for future cases.

A thorough weighing of all circumstances and the severity of the acts remains essential here, both for justice towards the victims and for the sentence of the perpetrator.