FDP Proposes “Modernization of Criminal Law”
Berlin, December 19, 2024 – The German Free Democratic Party (FDP) has unveiled a comprehensive proposal for the modernization of the country’s criminal law, aiming to address emerging societal challenges and bring the legal framework up to date with technological and social advancements.
The proposals, presented by FDP legal expert Benjamin Strasser, cover a wide range of areas, including:
Digitalization:
- Expansion of the definition of “computer fraud” to include manipulation of data and disruption of digital systems.
- Creation of new offenses related to online harassment, cyberbullying, and the spread of fake news.
Cybercrime:
- Introduction of a specific offense for ransomware attacks, with increased penalties for perpetrators.
- Enhancement of data protection regulations to prevent unauthorized access and misuse of personal information.
Economic Crime:
- Strengthening of anti-money laundering and tax evasion measures.
- Expansion of liability for corporate offenses to include top management and shareholders.
Sexual Offenses:
- Introduction of a new offense of “stealthing,” involving the non-consensual removal of condoms during sexual intercourse.
- Redefinition of “rape” to include any non-consensual sexual act, regardless of whether force or threats are used.
Other Proposed Changes:
- Decriminalization of certain minor offenses, such as possession of small amounts of cannabis.
- Expansion of the use of restorative justice practices, such as mediation and victim-offender dialogue.
- Introduction of a “citizens’ arrest” provision, allowing individuals to detain suspects in certain circumstances.
Strasser emphasized the need for a modern criminal law system that reflects the changing nature of crime and society. “We cannot afford to have laws that are outdated and ill-equipped to deal with the challenges of the 21st century,” he said.
The FDP’s proposals come amidst ongoing discussions on the need to reform Germany’s criminal code, which has not undergone a comprehensive revision in over 40 years. Other political parties and legal experts have also called for updates to the law to address emerging threats and societal concerns.
The FDP’s proposals are expected to be debated in the German parliament in the coming months. If passed, they could result in significant changes to the country’s criminal law framework and impact how crimes are investigated, prosecuted, and punished.
FDP schlägt “Modernisierung des Strafrechts” vor
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