NRW parliamentary group Vice Gregor Golland: CDU politician calls for the murder of Luise to reduce the age of criminal responsibility
Luise from Freudenberg was twelve years old when she was murdered. The perpetrators are only twelve and 13 years old – and therefore not criminally responsible. In an interview, NRW parliamentary group leader Gregor Golland (CDU) speaks about the correct way to deal with underage offenders, legal reforms and role models abroad.
The case of Luise from Freudenberg in Siegerland caused a nationwide stir. The age of the perpetrator and the severity of the crime are particularly shocking. According to the latest findings, the older perpetrator held the victim, the younger girl stabbed 75 times. NRW-CDU parliamentary group leader Gregor Golland is now demanding a reduction in the age of criminal responsibility. In an interview with FOCUS online, he explains why he is in favor of reducing the age of criminal responsibility.
FCOUS online: Mr. Golland, what’s on your mind after the terrible details about the murder of twelve-year-old Luise by two friends aged twelve and 13 who were not criminally responsible became known on Thursday?
Holland: Boundless horror at the deed and even more at the details that have become known. Apparently this is a cold-blooded and planned crime against an unsuspecting and defenseless girl. The fact that the perpetrators also downloaded information on the question of criminal responsibility beforehand documents a certain calculation: namely that they probably carried out this murder because there were no criminal consequences to be feared.
So far, all these details about what happened and their history have been kept under wraps with reference to the personal protection of criminally incapacitated children, which has led to a lot of speculation. Is this the right way to deal with a crime like this?
Holland: First of all, it should be said that the judiciary, like the police, has to abide by the law. In this respect, strict personal protection rights apply to the victim and the child offenders in this particular case. On the other hand, it is particularly important here that the public is informed more clearly once the ongoing investigations have been completed, in order to prevent further speculation. It is also about the unspeakable agitation in social media.
Now that it is clear that one of the two perpetrators inquired online about the age of criminal responsibility when committing a capital offense, the question of reducing the age of criminal responsibility in this country arises again?
Holland: Yes. I think we need a new debate on this issue. From my point of view, one should think about whether it is not possible in individual cases and after careful examination to set criminal law limits for child perpetrators from the age of twelve.
How exactly is this supposed to happen?
Holland: On the one hand, a criminal law reservation for children from the age of twelve would have to be introduced. Then a juvenile court judge could decide on the basis of psychiatric reports and investigation results as well as the frequency of the offenses whether or not a prison sentence or other forced placement should be considered. Aside from the murder of young Luise, we have another problem in the area of very young intensive offenders.
Which?
Holland: For example, the phenomenon that gangs of thieves, especially from the Balkans, knowingly send children under criminal responsibility to burglary and pickpocket because they know that nothing can happen to the boys and girls. As soon as such so-called stolen children are caught, they are released and carry on.
More news on the Luise case
Cruel bloody deed in Freudenberg: 12-year-old Luise was stabbed in the forest. From two girls her own age. Both face no punishment because they are not criminally responsible. Insiders confirm that the girls initially coordinated their statements. The police give up the search for the murder weapon.
Relatives, classmates and friends of the dead twelve-year-old Luise from Freudenberg bid farewell to the girl at a funeral service. In the evangelical church, her closest circle comes together on Wednesday evening for a service. Read the full text of the funeral speech by Pastor Thomas Ijewski here.
Why don’t the authorities intervene here?
Holland: On the one hand, these gangs exploit the local criminal immaturity clauses and despise our constitutional state, on the other hand, the youth welfare offices often do not dare to approach these families or they are ignored. Another example are the children of criminal clans, who play the big zampano, for example in the schoolyards, especially in hotspot areas. Teachers are just as threatened as classmates are ripped off. Serious sanctions do not apply until the age of 14. In addition, offices and authorities often have little or even fear to intervene decisively here.
How should such a criminal law for children be designed?
Holland: In the case of recurring criminal offenses and particularly serious capital offenses, it should be possible for a judge to examine whether the procedure is orderly and child-friendly. It is about the question of maturity or the ability to understand. Did the person act like a 14-year-old criminally responsible teenager or not, could the delinquent know that he had done wrong etcetera etcetera? Children and young people today are generally more mature and more advanced than they used to be. Should the latter be the case, the juvenile court judge should be given the opportunity to impose an educational penalty. Even 12 or 13-year-olds know that you shouldn’t kill people.
Child psychologists and criminologists doubt the usefulness of such a reform, they consider cases like Luise’s murder to be a tragic isolated case.
Holland: Luckily, these are terrible isolated cases and yet we have to think and act in the interests of the victims and not the perpetrators. The new police statistics in North Rhine-Westphalia have identified a sharp increase in child and juvenile delinquency. One possible cause that worries me is the uncontrolled consumption of media by many young people. Extreme depictions of violence, torture, agony and abuse are often just a click away. This cannot be good and is not without consequences. In the meantime, unfortunately, it has also become fashionable to put the abuse of weaker children on the Internet via video in order to get a lot of likes from peers. I’m just thinking of the widespread clip showing the torture of a schoolgirl in Schleswig-Holstein.
FDP Federal Minister of Justice Marco Buschmann has spoken out decisively against such a debate about lowering the age of criminal immaturity, and Interior Minister Herbert Reul (CDU) also agrees with him.
Holland: There are other voices too. The legal policy spokesman for the Union in the German Bundestag, Dr. Günter Krings, such a debate. Such changes in the law are, of course, the responsibility of the federal government. It is not surprising that Mr. Buschmann shows no initiative here and does not even want to think about it. Like his predecessors, he has still not passed a law on data retention, which is urgently needed to effectively combat child abuse on the Internet. I have no understanding for that. We don’t need bans on thinking, but the search for solutions to better protect society. Only one sanction option should be created. In any case, no politicians decide on penalties, but judges in each individual case. My appeal is therefore aimed at Buschmann and Berlin to tackle the problem.
Are other countries in Europe good as a role model?
Holland: In Great Britain the age of sanctions is ten years, in the Netherlands it is twelve. You would have to take a close look at how the judiciary and the authorities there approach this topic. Because in the end one thing is clear: fueled by the sensory overload in the digital media, a completely different generation is growing up, with completely different influences, a partly different empathy. That’s why I’m sure that the topic of child violence will occupy us far more in the future than previously thought.
