Luise's Issue: Which pain relief method is suitable?
News Article: Civil Trial Begins for the Murder of 12-Year-Old Luise in Germany
The civil trial for the case of the murdered 12-year-old Luise from Freudenberg in Siegerland has begun at the Koblenz Regional Court on July 24, 2025. The trial is being presided over by the Koblenz Regional Court, with the focus on a damages claim.
The basis for claiming compensation for pain and suffering is the German Civil Code (BGB) Paragraph 253. Under this law, damages for non-material injuries, such as pain and suffering, can only be claimed under specific conditions outlined in the law. Common examples include personal injury (§ 847 BGB) or violations of personal rights (§ 253, in conjunction with § 823 BGB).
In this case, the two girls who confessed to the crime cannot be prosecuted criminally due to their age. Children under 14 years are not criminally responsible, making a criminal trial impossible, but a civil trial is possible. The defendants argue that the damages being claimed are too high, while the relatives of Luise are claiming more than 170,000 euros in damages, including compensation for pain and suffering, funeral costs, and survivor's benefits.
The amount of damages claimed for pain and suffering is not determined by material asset damage. Instead, the quantification of these damages is typically within the discretion of the court and is based on the principle of "reasonable compensation." Factors influencing the amount include the severity of the pain and suffering, the duration, and the impact on the victim's life.
Under German law, awards for non-material damages are generally lower than in some other jurisdictions. The amount is often determined by precedents and regional judicial practices. The court spokesperson has clarified that parents are generally not obligated to pay their children's debts, a point that is new information in this case.
While Paragraph 253 itself does not directly address damages for pain and suffering, it establishes that non-material damages can only be awarded when explicitly permitted by law. Relevant sections for such claims include § 847 BGB for personal injury and § 823 BGB for injuries to personal rights.
It is important to note that German law does not recognize punitive damages, meaning that any award for pain and suffering is intended to compensate rather than punish the wrongdoer. Unlike some common-law jurisdictions, German law does not provide a direct equivalent to wrongful death damages as understood in those systems. Instead, in cases involving the death of a person, such as murder, the focus shifts to compensation for grief and loss on the part of the survivors.
The defendants deny a prolonged death struggle, but this argument is not repeated in this paragraph. The trial is ongoing, and the final outcome, including the amount of damages awarded, will be determined by the court in due course.
- In light of the ongoing civil trial for the murder of 12-year-old Luise in Germany, the discussion on damages claimed has expanded to include non-material injuries such as pain and suffering, mental health, and emotional distress, with the defendants arguing that the amount being claimed is too high.
- As the trial progresses in Koblenz Regional Court, the focus on health-and-wellness and fitness-and-exercise as factors influencing Luise's life quality and overall well-being becomes increasingly significant, as the court aims to quantify damages based on the principle of "reasonable compensation" and the severity, duration, and impact of pain and suffering.
