BBC News has a long article by Stephen Evans on The Nazi murder law that still exists. I missed this (thanks, Robin!)
A surviving statute from 1941 means that women who kill their abusive husbands are more likely to be jailed for murder than husbands who beat their wives to death. According to the German Association of Lawyers, the Nazis decided that a murderer was someone who killed "treacherously" or "sneakily" - "heimtueckisch" is the word in the law and it remains there today.
I did mention this in two 2003 posts, here and here. The 1941 murder definition, which still applies, is based on the mentality of the perpetrator. The Mordparagraf has been in the news recently, as the minister of justice of Schleswig-Holstein, Anke Spoorendonk (a Dane - there is a Danish party in that Land which is permitted to sit even if it doesn't pass the five-per-cent hurdle), is campaigning to have the statute changed. Die Zeit:
70 Jahre lang galt in Deutschland die nüchterne Definition des Reichsstrafgesetzbuches von 1871, nach der Mord "die Tödtung mit Überlegung" sei. Aber seit weiteren 70 Jahren gilt die moralisch-charakterliche Definition des NS-Staates, nach der "Mörder" ist, wer "aus niedrigen Beweggründen" töte.
There is no definition of murder, only of the murderer. Both the BBC and Die Zeit refer to the Marianne Bachmeier case as one where a woman was likely to be found guilty of murder because shooting the killer of her daughter in court behind his back was heimtückisch (deceitful?) - and say that women who kill abusive husbands are more likely to be convicted of murder than men who kill their wives. But I can't see how Bachmeier would not have been convicted of murder in England - does anyone disagree? She took the gun to the courtroom, shot at the man and then said she hoped he was dead. The defence of provocation would not apply, because so much time had passed since the death ...Zum vollständigen Artikel