preventive detention: "Should we bring them all to Helgoland?
What a paradox: the government has tightened the security deposit to eagerly.
Still in the courtroom gave his eyes to intimidate witnesses fear. The man was angry face, tattoos, lots of muscles and no remorse. Although he denied the fact, a Munich court convicted him in 2003 as the "West Park murderers" to ten years in youth custody. The Slovenian Goraszd B. had stabbed in the opinion of one evening in October 1993 in Munich, West Park a family man with numerous stab wounds, and without any occasion. First, he had escaped detection.
B., then 18 years old, injured in the ensuing months a student to life with a butterfly knife, he met a disco bouncer and as a member of the celebrated Marienplatz-course, a Munich-based youth gang raw robbery at school. Even with his buddies, he was feared. In 1995 he received because of this action five years youth detention. But only two years later, the judiciary as also identified as the murderer of West Park.
Such murders are in the public consciousness even the most gruesome: the collapse of naked, boundless power in the normal everyday life. Konrad Hierl, father of two children, was then in the West Park on the way home, in a really safe city, a safe neighborhood, a safe park safe for all, not only for Konrad Hierl. He was just the wrong time, wrong place, an accident victim. The murderer was out of anger, accusing some extinguish human life''as he was the judge. Previously, he had beaten his girlfriend, whose father threw him out of the house.
This spring - count on remand - as should actually freed. But the aggressive behavior has given the prisoner as the Munich prosecutors little reason to hope that he could leave the prison as a purified man - which is why they have applied for the subsequent detention. The "West Park murderers" should stay where he can cause no further harm can be: behind bars.
But the preventive detention has come in for criticism, to the chagrin of its proponents. If the latest draft of the Federal Ministry of Justice were already law: as a free man would be influenced by the zeal for reform paper, the subsequent preventive detention does not confer more. And even before the European Court of Human Rights (EMGR) new cases are pending that could lead to the judges there to explain the subsequent preventive detention in general inadmissible.
The preventive detention is the judiciary, the possibility of a prisoner after his or her punishment to keep behind bars - if it is feared that he commit further crimes, looking for new victims to take revenge on witnesses. allows the subsequent detention there for some years even the prisoners even permanently keep behind bars "if this was not the sentence for his act provided.
The prisoner in detention is thus not punished for what he has done. He is punished for what he could do more. By law, it is not even a penalty. The preventive detention is a measure for the relief and security. For the criminal lawyers is between punishment and measure a whole world of sections, definitions, beliefs. For the prisoner is almost nothing in between. Maybe he can set his cell habitable or keep a few budgies. But they are the same walls, the same grid, the same days of monotony. What distinguishes the custody of the prisoners, is the uncertainty.
Uncertain was the release date of a custody in southern Germany, who had found a good friend in prison, a lifers. Depositary was a bat, he had killed anyone. The prisoner was one of murder. But he knew after 15 years he would be free for good behavior. He served his sentence and walked out to freedom. The lifers went. Depositary remained.
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