in The case of Amberg, Germany, has revived the discussion on the deportation of offenders refugees. Tightening laws will be discussed, but not everyone sees it as a panacea. Because there are many reasons, of which a deportation may fail.

Under what circumstances offenders, foreign nationals may be currently deported?

The right of Expulsion was already tightened a few weeks after the events in Cologne on new year’s eve of 2015 to 2016. Since then, there is a “particularly serious designation of interest”, if a foreigner has been convicted of one or more criminal offences against the life, physical integrity, sexual self-determination, property, or due to resistance against law enforcement officials by law to a prison sentence of at least one year. This also applies to penalties, which are suspended to probation.

What fails the deportation have committed criminal offences, asylum seekers often?

Overburdened judiciary: Up to the final conviction of an offender, it often takes a long time. This is due to the fact that it is missing in many places on judges. The German judges Association complained to the high work load of the lawyers: “in General, it is observed that criminal processes are increasingly in the length,” says the national Director of the Sven Rebehn to the AFP news Agency. A penalty but had to “follow as quickly as possible to the fact, so that you can act”.

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obstacles to Deportation: When an alien is shown, this does not mean automatic deportation. The four alleged perpetrators of Amberg can not be deported – at least, so without Further ADO -. Because often the people Concerned do not have valid travel documents, or your country of origin you will not take. Such are the problems with Iran, and from there one of the Amberger suspects.

What reasons might apply in the case of the perpetrators of Amberg?

in Particular, if you have come as unaccompanied refugees to Germany, you are generally protected against deportation. One of the Amberger Suspect, a 17-year-old Afghan is, and is to be deported, according to the will of the Bavarian interior Minister Joachim Herrmann (CSU), as soon as he is of full age.

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another of the alleged racket of Amberg had an apprenticeship as a chef completed. This can also protect from deportation – which is not to apply according to the will of Herrmann, but for the perpetrators of violence. In the fourth Amberger cases, it is also a Afghans, whose asylum procedure is still running. Therefore, a deportation is not yet possible.

speaking Very generally, deportations often fail due to the conditions in the country of origin. So repayments are, for example, to Afghanistan controversial. According to the organization Pro ASYL, about the situation there is still very dangerous. Another Problem is that some of the deportation disappears by the candidates, in order to evade its Return.

What are the legal Changes are in the conversation?

The Federal government is considering the Ministry of the interior to facilitate the imposition of detention in order that the Affected are also really tangible if they are to be brought back to your home country. The CSU proposes that offenders refugees after their detention time, residence duties, reporting requirements or electronic tagging, to impose, if you can not be deported. The judges regarded such suggestions with skepticism: “The call for stricter laws solve the Enforcement problems,” says Rebehn.

fin/Jürgen Petzold / AFP


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