The Higher Regional Court (Oberlandesgericht) of Celle recently refrained from imposing a criminal sentence on a 23-year-old member (or prospective member) of ISIS (the so-called Islamic State).
Although the court found the young man guilty of attempting to recruit members for the terrorist organisation known as the Islamic State, it did not impose a sentence because, under the principles of juvenile criminal law, such a measure was not considered permissible in this case.
According to the court, the defendant did exhibit harmful tendencies in the criminal-law sense, but these were not sufficient to justify the imposition of a criminal penalty.
The defendant was tried under the rules applicable to juvenile offenders, as his intellectual and emotional development was deemed comparable to that of a juvenile.
The young man operated a WhatsApp group called “Allahu Akhbar”, which had approximately 50 members. Within this group, he encouraged participants to join the terrorist organisation.
In the proceedings, the court ordered a two-year probationary period. If this period is completed successfully, the imposition of a criminal sentence may be permanently waived.
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