§ 240 StGB

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§ 240 StGB reads (highlighting in the legal text by IntactiWiki):

Criminal Code (StGB)
§ 240 Coercion[1]

(1) Anyone who unlawfully compels a person to act, tolerate or omit to act, tolerate or omit by force or by threatening a sensitive evil, is punished with imprisonment for up to three years or with a fine.

(2) The act is unlawful if the use of force or the threat of evil for the intended purpose is to be regarded as reprehensible.

(3) The attempt is punishable.

(4) In particularly serious cases, the penalty is imprisonment from six months to five years. A particularly serious case is usually when the perpetrator

  1. compels a pregnant woman to terminate the pregnancy or
  2. abuses his powers or his position as a public official.

Thomas Fischer, former presiding judge at the 2nd Criminal Senate of the Federal Court of Justice, commented on § 240 StGB in connection with the German Circumcision Act:

Muslim heads of families who force their teenage daughters to cover their hair by threatening house arrest are punished with imprisonment for up to three years (Section 240 (1) StGB). The appointment of a religious boy circumciser, on the other hand, is celebrated as a happy family festival and enjoys the express protection of Section 1631d of the German Civil Code (BGB).
– Thomas Fischer (Spiegel Online)[2]

Non-binding comment from IntactiWiki:

This paragraph is problematic because it is based on moral or ethical evaluations that can be criticized and discussed. It is known that especially in Jewish and Muslim societies the pressure on boys and young parents is said to be immense, so that there can certainly be more often spoken of "threats with a sensitive evil". But whether it is "reprehensible" to use psychological pressure to force one's relatives to have their boys circumcised depends on the legal situation and case law.

References