Judiciary on § 2 StR 387/23 Judiciary on Criminal Law Revision: Case § 2 StR 387/23
In a landmark decision by the Federal Court of Justice (BGH) on August 27, 2024, the case with the file number § 2 StR 387/23 was addressed, which could have far-reaching implications for jurisprudence in the field of criminal law. The case revolved around the issue of proportionality of penalties as well as the assessment of mitigating circumstances in the context of criminal proceedings.
The BGH's consent clarifies that judges must particularly consider the individual life circumstances of the defendant when determining a penalty. It became known that the BGH placed significant emphasis on a comprehensive weighing of the act and the perpetrator in this case. A strict application of the penalty framework could thus lead to relevant social and personal contextual factors being overlooked, which are significant for the decision on the severity of the punishment. In this regard, the BGH referred to the necessity of maintaining human dignity as a central guideline of jurisprudence.
The court argued that overly rigid handling of penalties could not only be unjust but could also undermine trust in the rule of law. The rationale of the judgment pointed out that an individually appropriate penalty is crucial for the rehabilitation of the offender. The records indicate that the BGH had already emphasized the importance of considering the personality of the offender and social backgrounds in earlier decisions. This line is consistently continued in this decision.
It is particularly noteworthy that the ruling will also impact the work of the public prosecutor’s office and the defense. Prosecutors are now obliged to present the totality of the life circumstances of the defendants in their pleadings, while the defense has the opportunity to present additional mitigating circumstances. This could represent a shift from a purely quantitative consideration of offenses to a qualitatively differentiated evaluation.
In summary, it can be stated that the BGH's decision in the case § 2 StR 387/23 has groundbreaking significance for future jurisprudence in German criminal law.It could contribute in the long term to making sanctions fairer and more individualized, which would ultimately serve the resocialization and reduction of recidivism rates. However, it remains to be seen how these principles will manifest in the practical application of jurisprudence.
