Criminal law

the criminal law is an independent part of the public right. It is divided into two main branches.

The material criminal law describes the conditions of the punishability (facts) and their legal consequences. It is legally regulated in the penal code (StGB) and in numerous beside-criminal, specialized regulations(for example in the external trade law or in the medicament law).

To the formal criminal law the criminal procedure right belongs, which describes „like “the penetration of the material criminal law (sources of right for this are above all the code of criminal procedure and the Judiciary Act).

Not to the criminal law the right of the irregularities counts; itforms an own right range within the public right, in which infringements, which do not have a greater importance, with penalties are occupied.

Table of contents

term of the act

a central term of the criminal law is the act. The term is to that extent misleading, and a non--act, i.e. omitting, punishable to be can. Anyhow acting or non--acting must be however purposeful andnot only for example a reflex.Erfolgsdelikte (e.g. Homicide, bodily injury) it presupposes besides that this acting or omitting caused a success. This success must be also zurechenbar, i.e. it may not have been completely improbable or unforeseeable. Further the act must deliberately (resolution) committed its or it must be present at least negligence. If these conditions are given, the facts are fulfilled. But only acts, which are also illegal, can be also punished. An act is illegal, for which no justification is present. A justification could be for example self-defence.

Furthermore the illegally acting author must act imprisonment for debt. Only if these three conditions - facts moderateness, illegality, debt - are fulfilled, a punishment is expressed. If someone committed a criminal offence, which is not justified, however imprisonment for debt acted, because it is for example psychologically ill, cannot no punishment to be imposed. Instead measures of the improvement and safety device can be expressed.

With deliberate criminal offences the German criminal law differentiates different forms of the participation: Complicity (direct author, indirect author) and participation (causing, aid).

With Fahrlässigkeitsdelikten it gives against it onlythe complicity. In contrast to it the Austrian criminal law (also in Denmark and Italy) knows, only the term of the unit author; it did not commit thus distinctive between someone, the one criminal offence and someone, it thereby only helped (a comparable regulation applies inGerman irregularity right).

a goal and purpose of the criminal law

criminal law tie to the injury of right goods. The legislative employment of criminal law is because of the constitutional principle of the proportionateness in each case Ultima reason. That is, that the injury of right goods onlythen with punishment to be threatened may, if capabilities of sanctions of the civilian and administrative law are not sufficient any longer, in order to cause an effective right goods protection.

Principal purpose of the criminal law is in today dominant opinion not to cause justice in the right company to maintain but the right peace. In addition it works both preventively and repressiveon authors and society. In order to avoid the reduction of the victim on a pure object of the criminal law, the procedural law plans a participation as a co-plaintiff at maximumpersonal right goods , e.g. with Körperverletzungsdelikten and rape. As legal consequence author victim reconciliation is well-known.

principle: NonePunishment without law

the material criminal law is coined/shaped by the principle “no punishment without law” (nulla poena sine puts); it enjoys condition rank (see. Kind. 103 exp. 2 of the Basic Law). This principle contains itself the following single requirements, from those two at the legislator and twoto the right user address:

  • Certainty requirement: The wording of the law must be sufficiently exactly certain. The legislator is however not prevented to use also terms the one valuation of the law user presupposes (ex.s: “high damage”, “despicably”), if the actual circumstances are not differently understandable, and thatMeaning content of the respective term with the generally recognized methods of the interpretation to be determined can.
  • Reaction prohibition: The punishability regulation must have had validity at the act time as law. Retroactive punishability is not possible. After dominant view does not refer however to conditions of the prosecution. So could the period of limitation for murder in the FRG up to the current regulation (no Verjährung) to be extended several times.
  • Analogy prohibition: In the material criminal law consulting from analogies to the disadvantage of the accused is forbidden. The demarcation of interpretation and analogy determines the border of the wording of the respective standard.To that extent this principle supplements the certainty requirement: If the legislator must formulate precise, the law user may not go around by exceeding of the wording.
  • Prohibition of customary law: The judges are prevented to use customary law for punishing reason. Since the core range of the criminal law is codified already for a long time, hasthe prohibition of customary law actually no more range of application. The justification is not forbidden by customary law. As example the consent or the justifying obligation collision may serve. Altogether it is forbidden to the judges by the analogy prohibition and the prohibition of the customary law, by right advanced training of facts and legal consequences toocreate.

a goal and purpose of punishment

the criminal law place the act regarding the punishability into the foreground, for the legal consequence - thus punishment or measure is also the author personality to be considered. The German criminal law unites different purposes of punishment (itself from so-called. Purpose of punishment theoriesdeduce). First the debt of the author is to be gesühnt by the punishment (debt principle). In addition is the author in addition, resozialisiert (positive special prevention) and from committing further criminal offences (negative special prevention) become deterred. Further are the citizens deterred from committing by criminal offences (negative general prevention) andthe confidence of the society in the stability and penetration strength of the juridical system to be generally strengthened (positive general prevention). In the last decades as purpose of punishment ever more became generally accepted a “locking up” dangerous author for the increased safety of the population. The thought of the “Verwahrung of in common-dangerous criminals” is inAdvance.

legal regulations in Germany

center of laws of the material criminal law in Germany are:

The formal criminal law in Germany falls back partly also to regulations of the penal code. Laws with the core content are however:

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