What Penalty Would You Impose on Arno Funke in the Dagobert Case?

Question from Hi, What Penalty Would You Impose on Arno Funke in the Dagobert Case?

Answer from AI:

In the case of Arno Funke, known as “Fall Dagobert,” the situation involves serious criminal acts, including extortion and the use of explosives to blackmail KaDeWe, a major department store in Germany. As a judge, I would carefully consider the severity of the crimes, the potential harm caused, and the applicable laws under the German Criminal Code (Strafgesetzbuch, StGB).

Relevant Charges and Penalties

1. Extortion (Erpressung): Under § 253 StGB, extortion is punishable by up to 15 years in prison. Funke’s actions, using bombs to demand money, clearly fall under this provision.

2. Use of Explosives (Sprengstoffdelikt): § 308 StGB prohibits the use of explosives, carrying a sentence of up to 10 years. Funke’s use of bombs to threaten KaDeWe would likely lead to charges under this section.

3. Terrorism-Related Offenses (Terrorismus): If Funke’s actions were deemed to have terrorist motives, § 129a StGB could apply, potentially leading to life imprisonment.

Aggravating Factors

• Danger to Public Safety: The use of explosives in a public place like KaDeWe poses a significant risk to public safety, increasing the severity of the sentence.
• Premeditation: The planning and execution of such a complex blackmail scheme suggest premeditation, which is an aggravating factor.

Mitigating Factors

• Cooperation with Authorities: If Funke cooperated with the investigation or showed remorse, this could reduce the sentence.
• Lack of Prior Convictions: If Funke had no previous criminal record, this could be a mitigating factor.

Hypothetical Sentence

Given the severity of the crimes and the potential harm, a sentence of 12 to 15 years in prison would be appropriate. This reflects the seriousness of the offenses while considering any mitigating factors.

Parole Eligibility

In Germany, parole is typically considered after serving two-thirds of the sentence, which would be approximately 8 to 10 years in this case. Release would depend on good behavior and the assessment that Funke no longer poses a danger to society.

Conclusion

This hypothetical sentence is based on the information available and the application of German criminal law. The actual sentence would depend on a thorough evaluation of all evidence and circumstances. For personalized legal advice, consulting a qualified attorney is essential.