If ex-partners are violent, an electronic ankle bracelet can provide more security. However, the Federal Minister of Justice does not want to initiate any reform in this regard.
Federal Justice Minister Marco Buschmann believes that a nationwide regulation on the use of electronic ankle bracelets in cases of domestic violence is unnecessary. In doing so, he is opposing a corresponding demand that was made in June at the Conference of Federal and State Interior Ministers (IMK).
The FDP politician also believes that the interior ministers’ proposal to create an additional regulation on cyberbullying in the penal code is superfluous. Cyberbullying is the insult, threat, exposure or harassment of people on websites, in forums, social networks or chat rooms.
Buschmann says he also sees a need to improve protection against violence from partners or ex-partners. Countries that want to use electronic ankle bracelets for this purpose can regulate this themselves, he told the German Press Agency. The electronic ankle bracelet transmits the location – if someone approaches the affected person’s home despite a restraining order, the police are alerted.
“Domestic violence means unbearable suffering for those affected,” emphasised Buschmann. He also agreed with the interior ministers that more protection is needed here. “As Minister of Justice, I am doing something concrete to achieve this,” he added. His ministry is currently working on reforms to child custody law and family procedural law. Both projects are about better protection against domestic violence.
Buschmann: States can regulate electronic ankle bracelets in police law
If the interior ministers thought that ankle bracelets were a useful tool in the fight against domestic violence, they could introduce them immediately through police law, which is a matter for the states, said Buschmann. “If you want ankle bracelets, a regulation about them would be in good hands in police law,” 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 whether to impose ankle bracelets.”
Police law in Bavaria and Hamburg allows for ankle bracelets to be used both when police measures are ordered and in parallel with civil legal protection, Buschmann explained. “Nobody is stopping other countries from following suit.”
Federal Interior Minister Nancy Faeser (SPD) said that bans on entering the apartment and approaching the woman must be “consistently enforced and closely monitored” at the IMK in June. She was in discussion with Buschmann on this. If the perpetrators were monitored with an electronic ankle bracelet, the police could intervene more quickly in an emergency and better prevent violence against women. Faeser cited similar regulations in Austria as a model. According to police statistics, 155 women were killed by their partners or ex-partners in Germany in 2023 – 22 more than in the previous year. Among men, the figure was 24.
Buschmann: Cyberbullying can already be punished
At the meeting in Potsdam, the IMK chairman, Brandenburg’s Interior Minister Michael Stübgen (CDU), also pointed out the often significant consequences of bullying on social media and chats, especially for young people. He said: “Cyberbullying is a growing phenomenon that has so far been underestimated, although it has serious consequences for victims in many areas of life.” The justice ministers should therefore examine whether they consider the introduction of a separate criminal offense to be sensible. Unlike an insult in the real world, for example in the schoolyard, the consequences of such an act are much more serious for those affected due to its spread in virtual space.
In analyzing the consequences, Buschmann agrees with the interior ministers. Cyberbullying can put people under extreme pressure, endanger their civil existence, cause health problems or even worse, he said. At the same time, he stressed: “I think the interior ministers’ calls for tightening criminal law are a bit too knee-jerk.” The rule of law already has a lot of instruments at its disposal, for example in the penal code. “There is the stalking paragraph, which can also be applied to cyberbullying situations and allows for a punishment of up to three years in prison for simple offenses – and up to five years in serious cases.” Above all, such crimes must be consistently investigated and prosecuted. The state interior ministers could make an important contribution here by providing appropriate personnel, training and material resources.
Quick freeze instead of data retention
Buschmann believes that the wishes of Federal Minister of the Interior Nancy Faeser (SPD) and her state colleagues are too far-reaching, including with regard to the storage of IP addresses. His draft for the alternative quick freeze procedure is ready “and corresponds to what we discussed within the government,” said the minister. Since the Social Democrats want to continue to discuss and think about the retention of IP addresses, his ministry has adapted its proposal accordingly to make this possible. The draft is “overripe to now go to the departmental coordination.”
In April, Buschmann and Chancellor Olaf Scholz (SPD) agreed on the quick freeze procedure. This means that data is only stored if there is a suspicion of a serious crime. Coordination within the federal government on this project is still ongoing. Due to legal uncertainties, the old storage regulation had not been used since 2017. Faeser advocates a new, legally compliant regulation for the storage of telecommunications traffic and location data without cause – above all to make it easier to combat depictions of sexual abuse of children.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
