Minor/juvenile when they commit a crime in most of the common law nations get immunity in terms of strict and harsher punishment. If same person who is over 17 years of age commits the same crime which a minor has he would be in more trouble and will get harsher punishment. This often results in people who commit crime to claim themselves as minor. This is particularly common in cases where lack of identification exists such as Aslyum seekrs, illegal migrants .
A similar case has come up in Freiburg Germany where a person who was charged for raping a teenager claimed he was 17 and an aslyum seeker but later turned out to be 33. According to thelocal Hussein K. is currently on trial over the rape and murder of a 19-year-old student. He told migration authorities he was 17 and that his father was killed in Afghanistan. But now his father, alive and well in Iran, has told the court his son is 33.
Prosecutors were able to track down Hussein K.’s father when they came across a contact on his mobile phone. The defendant told them that they could contact his mother on the number. But when an interpreter called the number in the presence of two judges, the person who picked up was his father.
The older man read out details from his son’s birth certificate which state that he was born on January 29th 1984, presiding judge Kathrin Schenk said in the district court in Freiburg on Friday.
Hussein K. had told German immigration authorities that he had fled Afghanistan after his father was killed in battles with Taliban fighters. Due to the fact that he also said he was 17, he was treated by German authorities as an unaccompanied minor and given foster parents.
But there have been some doubts raised about the father’s testament as the interpreter said he could have been referring to the Persian calendar, which would have to be recalculated.
Previous analysis of a tooth belonging to the defendant also suggests he is at least 22 years of age.
The new evidence could be of crucial importance in determining how long Hussein K.’s sentence will be if he is found guilty. If the judges decide that he was a minor at the time of the crime, he will face a lesser sentence than if he is found to have been an adult.
The defendant has already admitted to raping and strangling his victim until she lost consciousness late at night in a Freiburg park. A postmortem found that she drowned in the river Dreisam.
Hussein K. arrived in Germany in November 2015 without proper documentation. He had already been sent to jail for pushing a young woman from a cliff in Greece, but was released early. He then fled his parole to Germany and Greek authorities failed to issue an international arrest warrant for him.
A verdict on the trial is expected early next year
Such misuse should be stopped and all the Asylum seekers should be only allowed to enter after verifying full id and government should maintain a strict register so that such abuse does not often take place.