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My previous/alt account is yetAnotherUser@feddit.de which will be abandoned soon.

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Cake day: June 1st, 2024

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  • Throwing the book at her would not make it past appeals because it would be excessive punishment and violate numerous laws about sentencing length.

    Here is how the constitutional court described what factors into the severity of a punishment (1977):

    Compensation for guilt, prevention, resocialization of the offender, atonement and retribution for wrongs committed are described as aspects of an appropriate penal sanction.

    But there is no compensation, no prevention and no resocialization which could increase the severity of the punishment. Will she ever be at risk of assisting in the murder of 10,000 people again? Absolutely not.

    By the way, 2 years of probation is the longest probation possible by law. Any longer and she would have to go to prison - which would be thrown out in appeals.



  • She had certainly enough agency to refuse to work at a concentration camp. It’s not like those were the only jobs available for women at that time.

    Also, not prosecuting her would likely be illegal since state prosecutors cannot decide to simply ignore crimes they don’t feel like prosecuting:

    § Section 258a Obstructing prosecution in office

    (1) If, in the cases referred to in section 258(1), the offender is appointed as a public official to cooperate in the criminal proceedings or in the proceedings ordering the measure […] the penalty shall be a custodial sentence of six months to five years, or in less serious cases a custodial sentence of up to three years or a monetary penalty.

    § Section 258 Obstruction of justice

    (1) Any person who intentionally or knowingly prevents, in whole or in part, another person from being punished or subjected to a measure […] in accordance with the Criminal Code for an unlawful act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.