How should Arno Funke be sentenced for bombing KaDeWe in Germany?

Question from Hi, How should Arno Funke be sentenced for bombing KaDeWe in Germany?

Answer from AI:

The case of Arno Funke, known as “Fall Dagobert,” involved serious criminal acts, including the use of bombs to blackmail KaDeWe, a major department store in Germany. If I were the judge in this case, I would carefully consider the severity of the crimes, the potential harm caused, and the applicable laws under the German Criminal Code (Strafgesetzbuch, StGB). Here’s how I would approach determining the penalty:

Relevant Laws and Charges

1. Blackmail (Erpressung): Under § 252 and § 253 of the StGB, blackmail is punishable by imprisonment for up to 15 years. If the blackmail involves a threat to life or limb, the penalty can increase significantly.
2. Use of Explosives (Sprengstoffdelikt): Using bombs or explosives to carry out the blackmail would fall under § 308 of the StGB, which deals with arson and explosives. This offense can result in a prison sentence of up to 15 years.
3. Terrorism-Related Offenses: Depending on the specifics, the case could also be linked to terrorism-related laws, which carry even harsher penalties.

Aggravating Factors

• Use of Explosives: The use of bombs poses a direct threat to public safety and could have caused significant harm to people and property.
• Severity of the Threat: Blackmailing a major store like KaDeWe suggests a high level of planning and intent to cause fear and financial loss.
• Public Danger: Acts like these undermine public safety and trust in institutions.

Mitigating Factors

• Personal Circumstances: The court might consider Funke’s personal background, mental state, or other factors that could provide context for his actions.
• Cooperation with Authorities: If Funke cooperated with the investigation or showed remorse, this could be taken into account.

Possible Penalty

Given the seriousness of the offenses, including the use of explosives and the scale of the blackmail, a significant prison sentence would be appropriate. The penalty could range from 10 to 15 years in prison, depending on the specific charges and aggravating factors. If the court determines that the actions meet the threshold for terrorism-related offenses, the sentence could be even harsher.

Importance of Legal Advice

While I can provide a general overview of the potential penalties, the actual sentence would depend on a detailed evaluation of the evidence and specific circumstances of the case. For personalized legal advice, individuals should consult a qualified legal professional.

For more information on the relevant laws, you can visit the German Criminal Code (Strafgesetzbuch).