- Berlin aims to strengthen legislation: safeguarding witnesses and upholding justice
In the battle against organized crime, Berlin's Senate is spearheading a nationwide effort to bolster the shield surrounding witnesses and justice professionals. The coalition between black and red has passed legislation aimed at this end. The objective is to incorporate a fresh form of coercion punishment into the Criminal Code.
Justice Senatorin Felor Badenberg (CDU) clarified, "This is an undeniable legislative move towards heightened protection in the justice sphere." The impetus lies in instances of Berlin-based witnesses being subjected to pressure. This stems from a desire to conceal damning information or hinder criminal proceedings in court.
More frequent instances of danger unfold in courtrooms
Senatorin Badenberg elaborated, "It could be an intimidating gaze before the courtroom, a menacing gesture, or even a direct threat against justice professionals and their addresses." There's a scarcity of concrete numbers, she admitted, but "it's evident that the probability of violence escalation is growing gradually."
These assertions are substantiated by the heightened number of dangerous objects retrieved at Berlin courts' security checkpoints. In 2022, approximately 9,600 such cases were recorded, while 2023 saw 10,700 instances of blade-wielding objects uncovered.
Organized Crime Connection
Frequently, these incidents are traced back to organized crime operations. As Senatorin Badenberg explained, "It's about delaying trials, imposing obstacles to present specific evidence, such as witness testimonies, and ultimately making it difficult to recognize perpetrators."
Incredibly, this safeguard effort isn't solely for witnesses but encompasses judges, prosecutors, collectors, and interpreters as well, according to Badenberg. She emphasized, "The smooth functioning of our justice system relies on the protection of those who uphold justice day in and day out."
In 2020, news broke about three Berlin judges being escorted with police protection after a series of threats from the organized drug trade. These judges were presiding over a drug trafficking trial involving decrypted encrypted messaging data from criminals, as reported by Berlin's Justice Administration.
According to the "Berliner Morgenpost," a staggering 20 real cases of criminal intimidation targeted witnesses, officials, and experts during criminal investigations and court proceedings from 2019 to 2022, as per the Federal Criminal Police Office’s report. However, Berlin's Justice Senator anticipates a significant underreporting.
The Berlin Police Union (GdP) wholeheartedly supports this initiative. "For years, we've observed our courtrooms being utilized by organized crime syndicates as a stage to intimidate colleagues, witnesses, prosecutors, and judges, but the rule of law has failed to effectively safeguard them," stated spokesman Benjamin Jendro. "Berlin is paving the way, and we hope other states will back this campaign and collaborate further."
Badenberg is optimistic about the project's success. She recently highlighted the issue at the conference of justice ministers and believes "we can expect a majority vote."
According to Badenberg, the Supplementary Paragraph on Coercion (§240 StGB) should be augmented. From the GdP's perspective, an additional crime category that accounts for gang affiliation would be desirable.
Badenberg has prioritized the fight against organized crime (OC) as a cornerstone issue. However, the initiative pertaining to the danger to witnesses and justice personnel is of paramount importance for the Senate at large, she affirmed. The project was already addressed in the coalition agreement.
The Federal Council has initiated a response to this issue, recognizing the need for enhanced protection measures. This initiative, led by the Federal Council, aims to strengthen the legal framework to better protect witnesses and justice professionals.
Given the escalating threat to justice professionals, the Federal Council sees the necessity of implementing stricter penalties for organized crime groups that intimidate or harm these individuals.
