The case of Collien Fernandes and Christian Ulmen: Politics with the pillory | EUROtoday

Who would not need to be for the victims? You can by no means do sufficient about that. You should do one thing in opposition to the perpetrators. However, this needs to be mentioned right here: the presumption of innocence applies. But that’s of little use if social dying has already occurred. And lengthy earlier than a prison case has even been concluded. If a publicly accused particular person doesn’t (initially) remark, there isn’t any presumption of guilt. This additionally applies to the Fernandes / Ulmen case.

More than one million investigations are presently open in Germany. In these greater than one million circumstances, there are indications of crimes that the investigative authorities are investigating. The public prosecutor’s workplace is obliged to additionally take exculpatory proof under consideration. It ought to go with out saying, nevertheless it is not.

In many circumstances, investigations result in the discontinuation of the proceedings. The suspicion was then not confirmed. In different circumstances there’s an accusation after which normally a conviction. The public prosecutor’s workplace is obliged to research each suspicion of a criminal offense and to prosecute each prison criticism. It really occurs {that a} complainant is distributed away, however this may solely occur after an examination and whether it is apparent that the crime will not be prison or that it’s hopeless.

Of course, the state can solely intervene if it has data of an act, i.e. if there’s suspicion. And some crimes are solely prosecuted upon request. There’s a superb purpose for that. As is the truth that, particularly in shut proximity, some issues should not reported, which might have quite a lot of causes. Fear and addictions, for instance.

However, this reluctance may also merely be as a result of closeness of the family and the truth that they’ve youngsters collectively. Reporting a suspected crime means the investigative authorities intrude into personal area, conduct searches and interrogations. That needs to be the case, however there might also be causes for these affected to make a distinct evaluation and never report an incident.

Strictly talking, we solely know who the perpetrator is after a ultimate conviction. But this doesn’t fulfill any public curiosity. Basically, it is just then that we all know who a sufferer will be assigned to this perpetrator. Of course, this additionally contradicts a widespread cult. In any case, the answer can’t be for organs of the constitutional state to participate and bounce on campaigns.

Without a doubt, there’s a main downside of legislation enforcement within the digital area. Beyond the gaps in substantive prison legislation, the issue lies in figuring out the perpetrators. However, we should always warn in opposition to pushing prison legal responsibility additional and additional ahead. Declaring the mere creation of photos that violate the correct to 1’s personal picture, the privateness or the sexual self-determination of others a prison offense is questionable. Making it publicly accessible is essential. By the way in which, that does not imply that manufacturing or possession can’t be declared unlawful and prevented. But prison legislation should stay the final resort right here too.

It can also be questionable to criminalize recordings that aren’t clearly seen and which are made “in a sexually specific manner”. An ever-increasing advance in prison legislation is uncertain and unworthy of a free society. Because the result’s the potential large intervention of the state. Certain issues in personal area should not punishable.

The sharpest sword turns into the solver of all issues. This motivation is made clear by the elevating of the Fernandes/Ulmen case at an early stage. Everyone can inform their story. And sure, no matter this, there was a dialogue about prison legislation reform for a very long time. But the federal authorities and parliament shouldn’t be a part of a personal dispute perspective. And even when you undertake this narrative, you should not faux that social deficits, be they actual, exaggerated or imagined, will be solved with prison legislation.

This case additionally reveals that early narratives can shortly crumble. And maybe ultimately it should prove that Germany is barely supposedly a “perpetrators’ paradise”, however in actuality it’s a place the place everybody will get their due.

The truth that you could by no means know precisely what occurred and why can also be a part of the rule of legislation. It’s a few procedural fact. In any case, you will not discover them in the marketplace sq.. And the pillory must be a factor of the previous.