In mid-February, the Hamburg district court sentenced 34-year-old Mourtala M. to life imprisonment. Now the defense has filed a lawsuit against the verdict in the trial for the double murder of the Hamburger S-Bahn station Jungfernstieg. This was announced by the court press office on request.
The defendant had killed the five-time mother and his one-year-old daughter on April 12, 2018 in front of numerous passers-by on a platform with a knife.
The district court Hamburg determined in his judgment the special severity of the guilt. Thus, a premature release after 15 years as good as impossible.
background
Lifelong imprisonment
The highest sentence that a court in Germany can impose. In murder, it is mandatory. But even with other particularly bad crimes, such as rape with fatal consequences, the verdict may be "lifelong". In the strict sense of the word, the perpetrator is finally locked up. But with regard to human dignity, he must have a concrete chance to be released later. The life imprisonment can therefore be suspended for at least 15 years. The perpetrator comes but only free, if you then no longer considered dangerous. For this an appraiser will be called in and the security needs of the population will be considered.
Particular severity of guilt
The premature parole after 15 years usually expires when the court finds the "particular gravity of guilt" in the judgment. The judges must pay tribute to the act and personality of the perpetrator. They examine whether there are circumstances that make the suspension of life imprisonment inappropriate after 15 years. This can be a particularly brutal action, sadistic motives of the perpetrator or the murder of several people by an act. If the most serious guilt is found, the Penal Enforcement Chamber must set the minimum remaining term after 15 years. Even in this case, the convicted person will only be released if he is no longer considered dangerous - provided that he wants to be released.
preventive detention
Under certain conditions, the court may order subsequent imprisonment in addition to imprisonment. It comes into consideration both for lifelong as well as shorter imprisonment. This alone serves to protect the general public from dangerous perpetrators. Security guards must be housed separately from the prisoners. They have better everyday conditions and are given intensive care. It is checked regularly whether the accommodation is still required.
The arrangement of preventive detention in addition to a life imprisonment actually works superfluous. Because as long as the perpetrator is dangerous, he must stay in prison. And if he is no longer dangerous, he is not released in preventive detention, but after at least 15 years on probation. Nevertheless, the decision is not meaningless: the perpetrator must then be offered in prison a comprehensive therapeutic care. In addition, he can be monitored longer and more intense after his possible dismissal.
Special case with adolescents
Anyone who has reached the age of majority in a criminal offense, but not yet 21 years old, must answer as a so-called adolescent in a juvenile criminal proceedings. If the court finds that the perpetrator was equal to a juvenile in his or her development, he or she can only take a maximum of 10 years of juvenile punishment, up to 15 years in the event of murder and particularly severe guilt. If the judges see no maturity delay, they use normal adult criminal law. Even then, they may sentence the perpetrator in murder instead of life imprisonment for ten to fifteen years. Preventive detention may not be ordered next to the juvenile offenders, the court may only "reserve" them. The actual decision will then be made shortly before the end of the penal system.
The background of the act was a custody dispute between the 34-year-old and his ex-girlfriend. The defense had demanded a conviction for manslaughter. His client was only partially guilty and spontaneously decided to act, the lawyer had stated in his plea.
more on the subject
The defendant had acted out of sadness for the loss of the daughter and out of anger. M. himself had said in court, "I have regretted my act and I ask for forgiveness, it is a sin."