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Thread: Germany: "Honor attack" with acid leaves 20 years old woman disfigured

  1. #46
    Senior Member Mordoror's Avatar
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    Quote Originally Posted by muck View Post
    I have to disagree strongly.
    The law isn't to be a modality of current social trends or for the profiling of so called pundits who want to leave their mark. And a physical attack on another person isn't a 'moral offence' like adultery, the punishability of which was invalidated long ago.
    If the law allows for a punishment between 1 and 10 years for a random crime, for example, then the judge's scope of discretion exists so that he or she can consider all the case's specific peculiarities and administer the law in the most fair manner; so says the law, and it says so pretty clearly. They are not supposed to make it a habit to go for either end of their scope of discretion, especially not because of reasons that have nothing got to do with the case. If judges feel the law isn't up to date anymore they should press the responsible legislators for a legal reform. Their current refusal to implement the law as the legislative meant it to be implemented is quite simply the assumption of an authority they do not have.
    May I add I'm surprised at you? Our current penal code dates back to 1998, the degree of penalty for dangerous bodily injury was not altered and one could easily say that's because a harsh penalty fits the gravity of inflicting serious injuries upon another human being through dangerous means. Why for heaven's sake should harsh punishments for grave crimes have become obsolete? If the society truly thinks that way - suffice it to say I have plenty of reasons to believe that it does not - then something is wrong about the society, not the law.
    Creating honor crime category isnt going to do anything. Honor crime falls into already existing categories of murder, assault etc. "Honor" part plays here only secondary role, as it falls in same category as rest of relationships crimes. Punishment for them are already high enough, its only need to be given.
    I get your point but i am basing my "proposal" (just for the sake of argument) with some precedent in my legal code
    Like an update of the law about seksual harrassements (published in 2001) because the others categories were not appropriate to punish that kind of behaviour and the judges were jungling to find a way to fit the appropriate sentence

    I don't know for your legal code, but mine is not a cumulative one (on the contrary to some US States's ones which are)
    To be more clear, for example, rape followed by murder is judged only under the murder scope. In that example the sentence is "easy" because we are at the top of the criminal offense
    On lower layers it seems more complicated hence what was implemented here as "floor" punishment (amount of punishment for some categories of crimes with cumulative and aggravating felonies under which you can't go below)
    An honor crime is, imo, fitting the definition and should be watched separatively than someone who will harm his misuse during an heated argument over divorce for example

  2. #47
    Senior Member OrangeWolf's Avatar
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    Quote Originally Posted by Violet Fashion by Mindy View Post
    Need a Thuringian running the joint imo.
    I remember one of the other German members (probably JCR ) said every town in Thuringia needs a massive police presence due to the locals...

  3. #48

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    We do not need to introduce honour crimes into our penal code. The means to deal with this type of crime are readily available but not utilised to the full extent. The problem of sentences being handed out that are ridiculously short is not limited to these types of crime either.

    I also am aware that there are always multiple views on a sentence as mordoror mentioned, however this cannot be the argument to disregard the call for harsher sentencing.

    What I find quite intriguing is, how much of violent crime in Germany is committed by convicted felons? How much is committed by first-time offenders? Can you really put pressure on convicted felons with sentences that have them out on the streets in a few years time when they stomp some guys head into a bloody mess?

    Common sense tells me, no. I am no lawyer I do not, for a single moment, pretend to know all the ins and outs of our justice system, but even I can see something is not going the right way.

  4. #49
    Junior Member dustyOn3's Avatar
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    It's by far not the first time that the German law is way too inequitable. I'm feeling so sorry for this girl... Honor attacks like this should be punished much harder. 10 years minimum in my opinion, even though my heart just wants to see this guy hanged.

  5. #50

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    [*******#333333]I remember one of the other German members (probably JCR [/COLOR][*******#333333] ) said every town in Thuringia needs a massive police presence due to the locals... [/COLOR]
    and the locals are ?

  6. #51
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    Quote Originally Posted by Type 055 View Post
    Fortunatly the western world is a civilised place which it's core value is the enlightenment. That why the western legal system dominates much of the world. I do not personally agree with the death sentence and I find such an sentence repusive. Even if the Defendent was a sick twisted rapist I would still disagree with the idea of killing him for his crime. Such people should be helped medically or make them have a ethical mental punishment.
    Where did the crime take place?

  7. #52
    buck duck huck luck muck puck ruck suck tuck yuck fuuuuuuuu muck's Avatar
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    Quote Originally Posted by great oz View Post
    and the locals are ?
    Depends on whom you ask. Communists and Neonazis have somewhat of a foothold in Eastern Germany thus the pun.

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