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FEATURES OF GERMAN CRIMINALITY (part 1)
– Are our compatriots capable of surprising a German court?
– Yes, all sorts of things happen. In my memory, a group of people from Russia were tried for kidnapping, extortion and inflicting bodily harm. It all looked very tough. One drug addict owed them money, and they tried to beat it out of him. They caught him, drove him in the trunk of a car to a forest, beat him, brought him back to the city in the same trunk and forced him to withdraw money from his account. After some time, he went to the police. There was a trial, most faced considerable sentences, many got up to 10 years. But here's why I remember this case – it's about mentality, German and ours.
During the court hearing, the judge says: “You forcibly transported the victim in the trunk to the forest.” To this, one of the defendants replies: “Oh, your honor, not forcibly at all. We had a full car, there was no room, I simply opened the trunk and said to him: ‘Jump in!’ – and he jumped in.” The judge: “Fine, let's assume. But then in the forest you beat him, and you want to say that after that he voluntarily climbed into your trunk? I have worked in court for 35 years and I cannot believe such nonsense, no matter how hard I try.” And the other responds: “Of course he climbed in himself! You see, he didn't want to be left alone in the forest at night. It's even scarier there than in the trunk of our car. At least he knew all of us!”
And the funniest thing is that the judge had to agree with that logic. Although it did not save the criminals from punishment.
– In Russia, it is believed that prison does not reform, but completely cripples a person. Can it be said that the punishment system in Germany makes people better?
– I would say that the Germans, at least, strive for that. Some prisons here look like hotels, only with bars on the windows. At the entrance, a pool with a fountain. Cleanliness. Prisoners have a choice: cook their own food, eat the common food, or order a separate menu. They can play sports and even get an education. One of my clients, a native of Russia, was asked about his income at a court hearing. He says, I earn 200 euros a month. Everyone was shocked – both the court, and me, and the prosecution. But how is that possible, you are in prison, how can you earn? It turned out that in prison he attends German language courses, which are designed to make it easier for him to integrate into German society after release. And for voluntarily attending these classes, he was paid 200 euros a month.
– Wow!
– Yes, such resocialization. Generally, an individual program is usually made for each prisoner. It is determined whether he can work and what profession he can learn during his time in prison. All this happens at the expense of the state. In addition, the punishment system provides for, so to speak, partial imprisonment. This is when, for example, the first six months a person is inside, and then, if there are no complaints and he gets a job, he goes to work in the morning and returns in the evening. Under this regime, essentially, he only sleeps in prison.
– But this applies to a certain category of prisoners?
– Of course! These are definitely not murderers, not rapists. They serve their full sentence from start to finish. But the manager of Munich's “Bayern”, Mr. Uli Hoeneß, who is currently serving his sentence, works during the day, deals with the club's young generation, and returns to prison in the evening. Most likely, after serving 2/3 of the sentence, he will get parole and be released.
– Have there been cases where people escaped from prison under such a regime? The temptation is still great.
– In my memory, there was no such thing. For most, there is no point in doing that. A person understands that he will be immediately put on the wanted list, and if he somehow connects his future with Germany, then he definitely doesn't need that. If he has nothing to lose and he runs away from the country forever, then it's possible. But otherwise – why? A person has the opportunity to earn money and atone for his guilt, to close the “file” on the offense.
– To what extent do political persecutions exist in one form or another in Germany today?
– Here, crude force pressure is unpopular; other methods are used. The most popular protest movement in Germany is Pegida (“Patriotic Europeans Against the Islamisation of the West”), which formed in the Dresden area. It is now actively opposing the government's immigration policy. Recently, a multi-thousand-person march was held in Dresden, and its participants called for transferring Putin to Berlin and Merkel to Siberia. Yes, such a swap. Such movements are not banned, leaders are not arrested, but they try to portray them in a negative light, give a nationalist and even neo-Nazi coloring to their activities, find and publish all kinds of compromising material on activists. So, on the one hand, there is no persecution, but behind-the-scenes fuss and black PR are abundant.
– As I understand, the media play a significant role in the public life of the country.
– And this is especially noticeable today regarding refugees. Everywhere, many positive examples are given, a mass of beautiful stories about how successful everything is, how German families take them under their wing, help and support strangers. All the positive is covered, and a large number of problems and negatives are clearly hushed up. They also write about this, but much more cautiously, less frequently, dosing the information. That is, although not by radical methods, but insidiously, the media create and try to maintain the necessary mood in society. These technologies are the same everywhere and are well known. Gradually, the “correct” information becomes part of consciousness, and then people think that they themselves think that way, that the idea came to them, that they made this or that decision.
– What do you think, is it possible now, in connection with the refugee situation, to bring people out onto the streets in Berlin?
– Personally, I think that today this is impossible on a mass scale. There is a genuinely strong and well-fed middle class here. For people to take to the streets not only in Berlin but across the country, a real social explosion would have to occur.
– What could trigger it?
– Taxes and unemployment would have to rise sharply, there would have to be mass bankruptcies of middle-class entrepreneurs, closures of firms across the country. But this is not a question of today or even tomorrow. After all, Germany is currently one of the most affluent countries in the European Union. Enough capital has been accumulated to cover the financial holes that are emerging today. Yes, discontent is gradually building up, but it is clearly far from an explosion. Although many already realize that the ruling party will lose a large percentage of votes in the next elections.
– In your opinion, why does the state grant such privileges – often to the detriment of its own population – to people who come to the country and haven't yet done anything substantial for it? What is the strategic meaning of what is happening?
– There is an opinion that the demographic problem is being felt more acutely in Germany. Society is aging rapidly, birth rates are falling. And this is not a question of the distant, hazy future. Scientists believe that in just 20-30 years, the active population will simply not be able to support the elderly. And the influx of 'fresh blood' from other countries, according to the authorities, could solve the impending problem. Personally, I think it's not that simple. And this is clearly visible from the Turkish diaspora, which has been living in Berlin since the 1950s. Time passes, more than one generation has been born and raised here, but Turks still keep to themselves and don't particularly mix with locals. Yes, they are friends, study and work together, but they still marry their own as a rule. They preserve their traditions, religion, and culture. So solving the demographic problem with the help of people from Muslim countries raises great doubts.
– The press is indeed very cautious on this matter, but the flow of refugees has clearly added work to both the courts and the police. Are these cases handled by some special department or are they considered among others?
– They are considered in the general order. And here, by the way, there is a legal trick that plays into the hands of refugees. In some cases, defending such a person, one can convince the court that the person committed, for example, a theft out of necessity. Not to later sell the stolen item and profit, but because he himself has nothing to wear or eat. What is called a crime of desperation, from a hopeless situation.
– But even in that case, theft remains theft.
– Yes, it does not justify him, but it still affects the type and size of the punishment.
– Is there corruption in Germany?
– It certainly exists, but as a rule, in very high echelons, and it is not widespread.
– It is believed that in Russia everything is possible, including 'coming to an agreement' with anyone. Is it possible to resolve issues in Germany with the help of a bribe?
– As a rule, absolutely not. Why? Look. Take a judge. He is a lifetime official. His average salary is 7,000-8,000 euros per month. He works on average about 30-40 years. Multiply and look at the sum. Add to that his privileges: preferential loans, 30-60 days of vacation, various discounts and bonuses. Putting all that together, we get an approximate bribe amount that would make him at least consider your offer. Neither 10-20, nor even 100 thousand or more are of any interest to him. He would never put himself in harm's way for such money, risk losing his practice and civil servant status forever. Reputation and career are highly valued here.
– Nevertheless, anything can happen. For example, the case of former German President Christian Wulff.
– Yes, two years ago he was accused of abuse of office. Allegedly, he then dined with his wife and stayed overnight in a hotel at public expense. The total amount of claims was 700 euros.
– Well, that's ridiculous...
– It's not funny at all. The person lost his position as a result. I agree, this case was blown out of proportion, and it clearly had a political subtext, but Russia also has its own extremes – for example, the case of Mrs. Vasilyeva.
– Are there any downsides to the status of a lifetime official? Are they forbidden to leave the country, for example?
– No downsides, only benefits. There are no travel restrictions; they can go anywhere and relax. The only downside is vulnerability. If such an official stumbles and commits a crime, he will lose everything. For example, if he is stopped by the police and found to be driving under the influence, he will first be temporarily suspended, an internal investigation will be conducted, and it will most likely be decided that such behavior is unworthy of the status of a judge, prosecutor, or administrative official, and he will be fired. So he has something to lose.
– And yet, man is a strange creature. Have there been cases in your memory where government officials were still caught taking bribes?
– Sometimes I read about such things in the newspapers, but I haven't yet seen such a person with my own eyes.
Interviewed by Eteri CHELANDZIA.
Based on materials from «Lenta.ru»