Thursday March 25, 2021
More powers for investigators
Bundestag tightened penalties for abuse
Investigators’ work in cases of child abuse should be made easier in the future. The perpetrators also face a significantly higher penalty. The legislature is reacting to the serious cases in the recent past.
Child abuse and child pornography will in future be regarded as crimes in principle. That was decided by the Bundestag. The corresponding draft law of the grand coalition provides that the sexual abuse of children and the distribution, possession and procurement of pictures and films with the corresponding content will in future be punished with a minimum sentence of one year in prison. This makes these acts a crime.
In addition, investigators are to be given more powers to monitor cell phones or computers in connection with such crimes. There are also new rules for the extended certificate of good conduct that child carers or trainers have to present. Certain offenses that occurred a long or very long time ago will also have to be entered there in future. It is also provided that the possession of sex dolls that look like children is a criminal offense. In court hearings, the interests of affected children should be given greater consideration through obligations to provide child-friendly hearing.
The MPs of the grand coalition and the AfD voted for the law. The Greens, the FDP and the Left abstained. Union parliamentary group deputy Thorsten Frei described the law as a “clear, consistent, dedicated response to the countless abuse scandals of recent years”. The classification as a crime has consequences that go beyond a longer range of sentences. The CDU politician said that proceedings could no longer be discontinued because of insignificance and pretrial detention could be ordered more easily.
Background: Abuse complexes in North Rhine-Westphalia
The opposition praised the general objectives of the law, but criticized the legal implementation. The Greens, the Left and the FDP called the blanket upgrade of all acts to crimes fatal. You take away investigators and courts every opportunity for a differentiated approach in clearly less serious cases. This ties up “resources” and hinders the prosecution of serious crimes.
The background to the changes are the major cases of abuse in Münster, Lügde and Bergisch Gladbach, which were uncovered in the past two years. The project is also justified by the fact that the Internet, social networks and online games with a chat function have increased the risk potential for children both in the virtual and in the real world, as stated in the draft law. This makes it “easier than ever” to establish contact with minors for sexual reasons. The law finally has to be passed by the Federal Council.
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