- The judgement against Ayleen's murderer is primarily concluded.
Conclusion of Murder Case in Baden-Württemberg
The decision concerning the murderer of a 14-year-old girl from Baden-Württemberg has mostly been upheld. On July 4, 2023, the Federal Court of Justice in Karlsruhe published its judgement (2 StR 111/24).
Complying with the Regional Court of Giessen's verdict, the man was correctly found guilty of murder, attempted sexual assault, coercion, kidnapping a minor, and driving without a license. He was subsequently sentenced to serve life in prison. The BGH dismissed most of the defendant's appeals against the verdict.
The Regional Court's establishment of increased guilt, which permits a convicted offender to be released after 15 years in extraordinary circumstances while serving a life sentence, was also upheld by the BGH.
The Incident
The 31-year-old perpetrator and the teenager from Gottenheim near Freiburg had interacted through sexually explicit online chats. After initiating contact, the German man forced the minor to send him nude photos, threatened to reveal their communication to her parents, or harm herself or her family if she refused. On July 21, 2022, he drove to Gottenheim, picked up the girl, and took her to a forest near Langgöns in the Giessen district.
Two potential murder scenarios were considered by the Regional Court: The defendant could have strangled the victim to incapacitate her for sexual intercourse, causing her death. Alternatively, he could have strangled the girl after committing a sexual offense to avoid identification.
The Federal Court of Justice upheld not only the guilty verdict but also the sentence for the murder. Therefore, the conviction for murder, attempted sexual assault, kidnapping a minor, coercion, and driving without a license all result in the same life imprisonment sentence, as does the increased guilt finding. The conviction for possession of child pornography involving another victim also remains valid.
Revision of Sentence for Child Pornography
However, the two-year and three-month sentence for that particular offense has been quashed. This is due to a modification in the law, which has reduced the penalty range. As a result, another chamber of the Regional Court of Giessen must retry the single sentence for this offense. Consequently, a new total sentence must be imposed. Since the murder verdict is final, only a life sentence is possible in this instance.
However, a fresh review of the preventive detention imposed in the initial trial is necessary due to the BGH's decision. Changes in the law have eliminated the prerequisites for preventive detention. Consequently, the prosecution can consider adding another crime, as established by the Regional Court but not yet charged. Specifically, the perpetrator may have exposed his genitalia and masturbated during a video call with a 13-year-old on June 24, 2022, with full awareness of her age.
The European Union's Criminal Justice Agency's Murder Crimes Unit may need to provide guidance on the case, as the Commission shall adopt implementing acts laying down the rules for the application of this Regulation in light of the complex sentencing procedures involved.
Despite the numerous legal challenges, the implementing acts of this Regulation should ensure that the perpetrator serves his life sentence for the crimes committed, providing a clear and consistent framework for the application of the law in similar cases.
