Criminal law - No federal law for ankle shackles for brutal ex-partners
Bundesjustice Minister Marco Buschmann considers a nationwide regulation on the use of electronic Ankle Braces for domestic violence unnecessary. He opposes a corresponding demand raised at the Interior Ministers' Conference (IMK) in June.
Regarding the proposal by Interior Ministers to create an additional regulation against Cyberbullying in the Criminal Code, Buschmann sees it as superfluous. Cyberbullying refers to the insulting, threatening, exposing, or harassing of people on websites, forums, social networks, or chats.
Buschmann acknowledges the need to improve protection against violence from Partners or ex-Partners. He stated to the German Press Agency that states wishing to use electronic ankle braces could do so themselves. The electronic ankle brace transmits the location - if someone approaches the victim's residence despite a prohibition on approaching and contact, the police are alerted.
"Domestic violence causes unbearable suffering for victims," emphasized Buschmann. He agrees with the Interior Ministers that more protection is needed here. "As Justice Minister, I am taking concrete action for that," he added. His ministry is currently working on reforms of family law and juvenile law. Both projects aim to provide better protection against domestic violence.
Buschmann: States can regulate electronic ankle braces in police law
If Interior Ministers regarded the ankle brace as a meaningful instrument in the fight against domestic violence, they could introduce it immediately through police law, as it is a matter for the states, Buschmann argued. "If someone wants an ankle brace, a regulation for it in police law would also be good," said the FDP Minister. After all, victims of domestic violence typically turn first to the Police. "That's why it makes sense for the police to decide on the order of the ankle brace."
The police law in Bavaria and Hamburg allows for the use of ankle braces both in the context of a police measure and in parallel with civil law protection, Buschmann explained. "No one prevents other states from taking this as an example."
Nancy Faeser, Federal Interior Minister (SPD), had called for consistent and rigorous enforcement and control of prohibitions on entering a residence and approaching a woman at the IMK in June. She was in contact with Buschmann on this matter. If perpetrators were monitored with an electronic ankle brace, the police could intervene more quickly in case of emergency and prevent violence against women more effectively. Faeser cited corresponding regulations in Austria as an example. According to police statistics, 155 women in Germany were killed by their partner or ex-partner in 2023 - 22 more than in the previous year. Among the men, there were 24.
The IMK Chairperson, Brandenburg's Interior Minister Michael Stübgen (CDU), during the meeting in Potsdam, also highlighted the significant consequences of cyberbullying in social media and chats, particularly for young people. He stated: "Cyberbullying is a growing phenomenon that has been underestimated so far, despite causing severe consequences for the victims in various areas of life." Therefore, Justice Ministers should consider whether the introduction of a separate criminal offense for this is sensible. The consequences of such an act are much more severe for the victims through the dissemination in the virtual realm.
Buschmann agrees with the Interior Ministers in this assessment. Cyberbullying can put immense pressure on people, endanger their civil existence, lead to health issues or even worse, he said. At the same time, he emphasized: "I share the concerns of the Interior Ministers, but their calls for toughening up the criminal law are too hasty." The rule of law already has many instruments at its disposal, such as the provision against harassment, which is also applicable to cyberbullying constellations and allows for punishment with up to three years in prison for simple offenses - up to five years for serious cases. Such crimes should be investigated and charged consistently. The Interior Ministers can make a significant contribution here through appropriate personnel, training, and resources.
Quick Freeze instead of Data Retention
Buschmann disagrees with the wishes of Federal Interior Minister Nancy Faeser (SPD) and her state colleagues regarding the storage of IP addresses. His proposal for the alternative Quick-Freeze procedure is ready "and corresponds to what we have discussed internally," said the Minister. Since the Social Democrats continue to discuss and ponder the data retention of IP addresses, his ministry has adjusted its proposal accordingly to enable this. The proposal is "mature enough to now go through the departmental coordination process."
In April, Buschmann and Federal Chancellor Olaf Scholz (SPD) agreed on the Quick-Freeze procedure. According to this, data is only stored when there is a significant suspicion of a serious crime. The coordination process within the federal government on this matter is still ongoing. The old regulation for data storage has not been used since 2017 due to legal uncertainties. Faeser advocates for a legally compliant regulation for the storage of traffic and location data of telecommunications - above all to facilitate the fight against the representation of child sexual abuse.
- buschmann suggests that if Interior Ministers view electronic ankle braces as effective in combating domestic violence, they can implement their use immediately through police law, as it falls under the jurisdiction of the states.
- Despite opposing the idea of a nationwide regulation on ankle braces, Buschmann acknowledges the need for improved protection against violence from partners or ex-partners, and supports states that wish to implement them under their own police laws.
- Faeser, the Federal Interior Minister, advocates for consistent enforcement and control of prohibitions on entering a residence and approaching women, suggesting that monitoring perpetrators with electronic ankle braces could enable quicker police intervention and reduce violence against women.
- Buschmann agrees with the Interior Ministers' concerns about cyberbullying and its severe consequences for victims, but believes that the criminal law already has sufficient instruments, such as the provision against harassment, to handle such cases effectively, without the need for additional regulations.
