Spain: Convicted Policeman Remains Eligible for Pension Benefits

In a controversial decision, the 2nd Senate of the Federal Administrative Court in Leipzig has dismissed a disciplinary complaint seeking the revocation of a pension for a German civil servant who was convicted of murder in Spain.

The man, born in 1975 in Saxony-Anhalt, was a civil servant since 2002 and retired early due to permanent disability in 2011. In April 2019, he lured his separated wife and their two sons to a remote cave on Tenerife. Tragically, the 39-year-old woman and the older son, who was 10 years old at the time, lost their lives after being bludgeoned to death. The 7-year-old son managed to escape from the cave.

The man was sentenced to life imprisonment in Spain in February 2022. In addition, he received prison terms of 23 and 16 years for attempted murder. However, the Federal Administrative Court in Leipzig ruled that for the pension to be revoked, a conviction by a German court is required.

The Senate emphasized that the man's crimes, committed for private reasons, did not fall under the principles of the free and democratic basic order. The representatives of the Federal Employment Agency suggested that the murder of the wife should be considered a gender-specific crime, or feminicide. However, the Spanish court did not classify the crime as feminicide, and the term is not defined in German law.

The lawyer for the convicted murderer stated that his client had paid around 300,000 euros in compensation to the surviving son and the woman's heirs. It is important to note that the name of the Spanish official who was twice convicted of murder during his lifetime but is still entitled to claim pension rights in Germany is not provided in the available search results.

In contrast, the Federal Employment Agency argued that the man's actions violated human rights and principles of the free and democratic basic order. The Senate, however, dismissed the disciplinary complaint, stating that if the case had been tried before a German court, the pension would have been revoked, even with a deliberate crime and a prison sentence of two years or more.

In Spain, a life sentence can be reviewed after at least 25 years. This decision has sparked debate in both Germany and Spain, with many questioning the fairness of allowing a convicted murderer to maintain pension rights while serving a life sentence abroad. The case continues to draw attention and raise questions about the intersection of criminal law, pension rights, and gender-specific crimes.