Key legal question
Whether the abduction of the child was a cruel treatment qualifying kidnapping under Art. 184(3) StGB.
Extracted holding
The qualifying element of cruelty was not met; the kidnapping remained within the basic offence.
Extracted reasoning
The suffering inflicted on the child was aimed at facilitating the sexual offences and lacked the required close connection to the kidnapping as such. The abduction was not, in itself, especially unbearable or torturous in the sense of the qualification.