Criminal law - There is no federal law to shackle brutal ex-partners
Federal Justice Minister Marco Buschmann considers a nationwide regulation on the use of electronic "Ankle Braces" against domestic violence unnecessary. He opposes a corresponding demand that was raised at the Interior Ministers' Conference of the Federal and State Governments (IMK) in June.
Regarding the proposal by Interior Ministers to create an additional regulation against "Cyberbullying" in the Criminal Code, Buschmann sees it as redundant. 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. States that want to use electronic ankle braces for this purpose can do so themselves, he told the German Press Agency. An electronic ankle brace reveals the whereabouts - if someone approaches the victim's residence despite a prohibition on approaching and contact, the police are alerted.
"Domestic violence causes unbearable suffering for the 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 considered the ankle brace a meaningful tool in the fight against domestic violence, they could introduce it immediately through police law, which 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 to the Police first. "That's why it makes sense for the police to decide on the issuance of an ankle brace."
The police law in Bavaria and Hamburg allows for 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."
Federal Interior Minister Nancy Faeser (SPD) had called for consistent and rigorous enforcement and control of orders banning entry to 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 drew attention to the significant consequences of cyberbullying in social media and chats, particularly for young people. He said: "Cyberbullying is a growing phenomenon that is currently underestimated, despite the fact that it has serious consequences for the victims in many 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 for the affected parties are much more severe in the virtual sphere than in the real world, such as on a schoolyard.
Buschmann agrees with the Interior Ministers in this analysis. Cyberbullying can put immense pressure on people, endanger their civil existence, lead to health problems or even worse things, he said. However, he added: "I find the wishes of Federal Interior Minister Nancy Faeser (SPD) and her state colleagues regarding the storage of IP addresses to be too hasty." The Ministry of Justice already has many instruments at its disposal, such as the provocation paragraph, which is also applicable to cyberbullying constellations and allows for punishment with a maximum sentence of three years in prison for simple offenses - up to five years for serious cases. Such crimes should be investigated and charged consistently. The state interior ministers can make an important contribution here through appropriate personnel, training, and resources.
My proposal for the alternative Quick-Freeze procedure is ready "and corresponds to what we have discussed internally in the government," said the Minister. Since the Social Democrats continue to discuss and ponder the data retention of IP addresses, my 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. Data is only stored then 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, which has not been used since 2017 due to legal uncertainties, was abandoned by Faeser. She advocates for a legally conformant 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's stance on the necessity of a nationwide regulation for electronic ankle braces against domestic violence aligns with Germany's federal structure, as he argues that states can introduce such regulations within their police laws.
- Buschmann sees the proposal by Interior Ministers to create an additional regulation against cyberbullying in the Criminal Code as redundant, given that cyberbullying already falls under existing provisions of the Criminal Code.
- According to Buschmann, electronic ankle braces can be effective in revealing the whereabouts of individuals who breach prohibitions against approaching or contacting victims of domestic violence.
- Faeser, the SPD's Interior Minister, advocates for consistent and rigorous enforcement and control of orders banning entry to a residence and approaching a woman, and she has expressed support for the use of electronic ankle braces to aid in this enforcement.
- Stübgen, Chairperson of the Interior Ministers' Conference, highlights the significant consequences of cyberbullying, particularly for young people, and suggests that justice ministers should consider the introduction of a separate criminal offense for this.
- Buschmann acknowledges the severity of cyberbullying and its impact on individuals, but he expresses reservations about Faeser's proposal for the storage of IP addresses, arguing that existing provisions, such as the provocation paragraph, offer sufficient means for addressing cyberbullying.
- The SPD continues to discuss and ponder the data retention of IP addresses, causing Buschmann's ministry to adjust its proposal for a Quick-Freeze procedure to accommodate this, allowing for the potential storage of data in cases of significant suspicion of serious crimes.
- Scholz and Buschmann agreed on the Quick-Freeze procedure in April, with the coordination process within the federal government on this matter still ongoing.
- Faeser abandoned the old regulation for data storage due to legal uncertainties and advocates for a legally conformant regulation for the storage of traffic and location data of telecommunications, with a primary focus on facilitating the fight against the representation of child sexual abuse.
