Kernrechtsfrage
Whether Art. 220 StGB can be applied where the defendant and respondent are not the child’s biological or adoptive parents but are register/factual parents.
Extrahierter Entscheid
Yes. A person who is a register parent and exercises factual parental care can be treated as the holder of parental custody for Art. 220 StGB, especially where civil-court measures placed custody with that person.
Extrahierte Begründung
The Court stressed the public faith of civil status registers, the long-standing family life, and the custody allocation in the divorce proceedings. It held that the protected legal interest includes not only formal parental relations but also factual family life and the custodian’s rights.