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Gefährliche Liebe: Die KESB im Kampf gegen Romance Scam

Köbrich, Tim Oliver (2026) — sui generis

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DOI: 10.21257/sg.300 (opens in a new tab)

Type:   Journal Article
Country:   Switzerland
Tags:   Adult Protection, AI-Enabled Fraud, Banking Safeguards, Emotional Manipulation, Financial Exploitation, Measurement, Payment Evasion, Romance Scams, Swiss Law
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Synopsis

            
This publication examines romance scams as a particular challenge to adult protection systems. It notes that affected individuals are not cognitively impaired, but repeatedly engage in self-harming behavior due to targeted emotional manipulation. Drawing on two cantonal decisions, the authors argue that the central issue is the state of weakness and the resulting protection needs, rather than the ability to discern right from wrong. To address this dynamic, the work offers a sociological explanation tied to symbolic capital, shame, and moral violence, illuminating why official assistance is frequently experienced as an intrusion. Building on this analysis, the authors propose three instruments to recalibrate protective interventions. Narrative Triage is introduced to categorize the level of danger faced by individuals. Sandbox design of cooperative guardianship, under Article 396 of the civil code, is presented as a temporary, reversible autonomy space that respects some independence while ensuring safeguards. A Third Space is described as a neutral reflection environment to facilitate decision making without coercion. The study also investigates practical interfaces with banks and identifies strategies used by perpetrators to evade safeguards. The conclusion connects these elements to broader questions about how authorities can balance protection with autonomy in cases of romance fraud, while recognizing the tensions and potential intrusions that such interventions may evoke. Overall, the publication outlines a structured, interventionist approach aimed at mitigating harm without overstretching protective authority.

          

        
                  

            
Identified Gaps

            
The article identifies a legal protection gap: Swiss adult-protection law does not clearly capture purely financial self-endangerment through the self-endangerment provision. It also highlights operational gaps in detecting cumulative micro-payments, gift-card purchases, cash withdrawals, and third-party payment routes that circumvent ordinary bank controls.

          

        
                  

            
Methods

            
Doctrinal legal analysis of Swiss adult-protection, banking, and criminal-law provisions, illustrated by two cantonal court decisions. The article combines this with a conceptual sociological analysis of symbolic capital, shame, and moral violence, then develops practice-oriented intervention models: narrative triage, a reversible "sandbox" co-determination guardianship, and a neutral "Third Space."

          

        
                  

            
Limitations

            
The analysis is principally normative and practice-oriented rather than empirical. Its legal argument is illustrated mainly through two cantonal cases and secondary sources, so it does not establish prevalence, intervention effectiveness, or generalizability across victims, banks, or jurisdictions. The proposed triage, sandbox, and Third Space models are conceptual recommendations rather than evaluated interventions.

          

        
                  

            
Future Work

            
The article does not set out a formal future research agenda. It recommends that adult-protection practice anticipate evolving offender payment-evasion tactics, clarify rapid bank–authority response pathways, and evaluate proportionate, reversible protective measures.

          

              

    
    

        
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