Sat, Mar. 03, 2007

Jail for Incest Deferred

CK - Washington.   The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution.

In a preliminary decision of March 1, 2007, the court decided against granting temporary relief to the convicted defendant. The basis of the decision, described in a press release of March 2, 2007, is the factual issue that the state does not appear to intend to jail the defendant while the matter is pending with the court.

In addition, §§456, 458 of the Code of Criminal Procedure, Strafprozessordnung, would require the defendant to exhaust available remedies with the lower courts in the event that his imprisonment should become imminent, the court declared. The ruling in the matter 2 BvR 392/07 is dated March 1, 2007.


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