Criminality - Proceedings against the teacher for child pornography have been discontinued.
The proceedings against a teacher from Westerwald accused of distributing, earning, and possessing child pornography have been discontinued. This was announced by the Amtsgericht Montabaur. The court decision cannot be appealed, and the proceedings are reportedly concluded.
The teacher had wanted to help a student. The 13-year-old had made intimate recordings of herself and sent them to her friend. This friend is alleged to have distributed the video. The teacher became aware of this and obtained it to forward it to the child's mother and protect it.
The new version of the Federal Law on the Reduction of Sentences for the Distribution, Request, and Possession of Such Materials, which came into force on June 28, enabled the discontinuation of the proceedings, according to Amtsgericht. Under the old law, she would have had to be indicted. She faced at least one year in prison. The trial was scheduled to begin on September 26 at the Amtsgericht.
Justice Minister Mertin welcomed the law change
Rheinland-Pfalz Justice Minister Herbert Mertin welcomed the law change, for which he had advocated. The FDP politician had previously drawn attention to the issue: teachers had to fear being sentenced for a crime if they only warned the parents or prevented further dissemination of the material.
"I am therefore pleased that the Federal Government and the Bundestag have recognized that the justice system needed more leeway in these special cases," said Mertin to the German Press Agency. The Minister emphasized, however, "The consistent prosecution of serious crimes against children is non-negotiable for me." This is not contradicted by the law change.
The prosecution has agreed to the discontinuation of the proceedings
The prosecution in Koblenz and the defendant have agreed to the discontinuation of the proceedings, reported the court. Even if a factual finding had been established in a main hearing, the defendant's guilt, according to the ruling of the Schöffengericht, would be considered so minor that there would be no public interest in pursuing a prosecution. The costs of the proceedings and the necessary expenses of the defendant were charged to the state treasury.
- The teacher hails from the Westerwald district in Rhineland-Palatinate, Germany.
- Ms. (the teacher) wanted to safeguard the child from further harm and distribute the content to the mother.
- The District Court in Mainz was set to commence the legal proceedings against the teacher on September 26.
- The amended legislation in Germany, passed by the Bundestag and implemented on June 28, played a significant role in discontinuing the proceedings.
- Under the older legislation, the teacher would have faced at least a year in prison if indicted.
- Justice Minister Herbert Martin, a FDP politician in Rhineland-Palatinate, had advocated for this legislation amendment.
- The prosecution in Koblenz and the teacher came to an agreement, leading to the discontinuation of the proceedings.
- The judge in the Schöffengericht considered the teacher's guilt as minor, with no significant public interest in pursuing further legal proceedings.
