The German government has proposed a law to increase the minimum sentence for using K.O.-Tropfen (date rape drugs) in crimes such as rape or robbery to at least five years in prison. The proposal, which will be debated in the Bundestag on Wednesday, aims to strengthen the criminal law protection against the use of such substances.
The law change is in response to a decision by the Bundesgerichtshof (BGH), Germany’s highest court, which ruled that the use of K.O.-Tropfen does not constitute the use of a “dangerous instrument” under current law. The court argued that the term “instrument” refers to a solid object, and that K.O.-Tropfen, being a liquid, does not fit this definition.
Bundesjustizministerin Stefanie Hubig (SPD) stated that the use of K.O.-Tropfen in crimes is “particularly sneaky and dangerous” and that the law must provide a harsh response to such acts. She emphasized that the victims often have no chance to defend themselves and that this form of violence is particularly prevalent against women.
The proposed law would amend the criminal code to include K.O.-Tropfen as a “dangerous means” that can be used to commit crimes such as rape or robbery. The law would also increase the minimum sentence for such crimes to at least five years in prison.
The proposal has been met with criticism from the Bundesrechtsanwaltskammer (BRAK) and the Deutscher Anwaltverein (DAV), which argue that there is no need for a law change. They claim that the current law already provides sufficient protection against the use of K.O.-Tropfen in crimes and that the proposed law would create unnecessary complexity.
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The Bundesrat has also expressed concerns about the proposal, arguing that it could lead to difficulties in applying the law in practice.
Despite the criticism, the Bundesregierung has rejected calls to amend its proposal. It argues that its approach provides better protection against the use of K.O.-Tropfen in crimes, as it takes into account the specific dangers posed by these substances.
A public hearing on the proposals will be held in the Rechtsausschuss on October 5, starting at 2 pm, and will be broadcast on the Bundestag website.
Experts will express their opinions on the two proposals, and members of parliament will have the opportunity to ask questions.
The Gesetz zur “Stärkung des strafrechtlichen Schutzes vor sogenannten K.O.-Tropfen” (BT-Ds. 21/7560) aims to provide a more full protection against the use of K.O.-Tropfen in crimes. The law proposes to increase the sentence for using K.O.-Tropfen in serious crimes, such as rape or robbery, to at least five years in prison.
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