Ausgang des Strafverfahrens wegen Tötungsdelikten durch Strangulation

Zusammenfassung

115 Todesfälle durch Würgen und Drosseln aus 11 Jahren wurden anhand der Gerichtsakten ausgewertet. Die meisten Täter waren männlichen Geschlechts und aus der 2. und 3. Lebensdekade. 20 % der Täter-Opfer-Paare hatten keine Beziehung zueinander. 60 % der Täter waren vorbestraft, jeder 10. wegen eines Tötungsdeliktes. 47 % der Fälle Verurteilung wegen Totschlags, 38 % wegen Mordes. 47 % Anerkennung auf § 21 StGB.

Summary

Although it is of utmost importance, the duration of violence to the neck, such as throttling or strangulation by ligature, cannot be determined through diagnosis. To compare the legal significance of such cases and the diagnosis made, 115 homicide cases were evaluated according to the documents of the court.

Some 80% of the perpetrators and victims knew each other, even if only slighthy, whereas 50% were homicides between relatives or couples. The motives were (total/couples/relatives): disputes (37%/73%/5%); theft (26%/–/41%); sexual crimes (14%/–/36%); and others (23%/27%/18%). Convictions resulting from the proceedings were murder 38%, manslaughter 48 %, death resulting from grievous bodily harm 4 %. There were three acquittals and nine suicides by the perpetrators. In cases concerning close relationships, 69% of the verdicts were lenient, whereas 73 % of the non-related were mostly convicted of murder. Of all the perpetrators 60% had previous convictions, nearly 10% of which were for homicide. Some 47% had been acknowledged lesser guilt. The type of violence involved in 46% of all convictions for murder was by throttling alone (27 % by strangulation by ligature), 42% of call convictions for manslaughter by strangulation by ligature (28% by throttling alone), 83% of all convictions for death following grievous bodily harm by strangulation by ligature and in no case by throttling alone. The majority of verdicts are based upon the main aspects of deliberate and foreseeable damage. The main emphasis was placed upon the question of the duration of the assault to the neck. In cases of uncertainty the judges assumed a short and undeliberate assault, even if the post-mortem report opposed this assumption.