The youths stand accused of assaulting a mentally disabled year-old woman, but German prosecutors admit some of them are too young to stand trial. Three of them are 14, the earliest age at which offenders can be prosecuted in Germany, but two are only 12, meaning they cannot be arrested or charged. The incident took place on Friday in the western city of Mulheim after the group, all originally from Bulgaria, purportedly lured the victim into a playground in the park.
Police did not share details of the attack, but local media said the woman was "abused in various ways". After an hour, a year-old man reportedly came out of his house after an hour and saw the woman and two suspects, who fled the scene immediately.
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The victim was able to give detailed descriptions of the perpetrators, and police later arrested all five. In Germany, the minimum age at which a child is considered to be criminally responsible for an offence is 14, while in England, Wales, and Northern Ireland the equivalent age is ten. Rainer Wendt, the head of the police force union, said: "For years we've been demanding that the age of criminal responsibility be lowered in Germany.
But the head of the German Association of judges, Jens Gnisa, said: "The equation 'more punishment, less criminality' does not work with youths. Speaking about Friday's incident, police spokesman Peter Elke said: "After we determined that two of the group members are 12 years old and therefore are not criminally responsible, we handed them over to the parents.
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A police investigator who wanted to remain anonymous told local media that an arrest warrant had no chance of success in this case. Reports have said the five teenagers are from the southern Bulgarian town of Pazardzhik and are partly related to each other.
The incident is similar to a case a year ago in Velbert, a town near Mulheim, where a gang of eight Bulgarian teens raped a year-old girl.
The perpetrators in that case were eventually jailed, receiving jail sentences varying from nine months to four years. We pay for your stories!
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