Juristische Zeitgeschichte / Abteilung 3
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Edited by:
Thomas Vormbaum
Die Abteilung versammelt Monographien, Quellen und Materialien zur deutschen Strafgesetzgebung des 19. und 20. Jahrhunderts. Im Vordergrund stehen Längsschnitt-Untersuchungen zu einzelnen Rechtsinstituten, Tatbeständen und Tatbestandsgruppen des Strafgesetzbuches, der Strafprozessordnung, des Gerichtsverfassungsgesetzes und des Jugendgerichtsgesetzes; jedoch werden auch einzelne markante Gesetzgebungsakte sowie die Gesetzgebung bestimmter Zeitabschnitte behandelt. Neben Monographien nimmt die Abteilung Quellen- und Materialsammlungen zur Strafgesetzgebung im bezeichneten Zeitraum auf. Auf diese Weise sollen die Bände der Abteilung insgesamt eine Art Handbuch der modernen deutschen Strafgesetzgebung ergeben.
This volume examines legislation pertaining to and discussions about reforming the reopening of legal proceedings to the benefit of defendants. Besides describing the development of the specific reasons for reopening proceedings, it illuminates how the law of criminal procedure was shaped in each period and investigates socio-political events and the impact they had on reforms to law of reopening proceedings.
In the mid-1980s, the victims of crime experienced a widely noticed renaissance in the law of criminal procedure. In an ongoing series of victim protection laws, incidental action moved from the margins into the focus of reform discourse on criminal procedure. The author uses unpublished legislative materials to trace the history of incidental action reform against the backdrop of contemporary and epochal developments.
This book examines the legitimacy of the controversial 2017 law establishing sports betting fraud as a criminal offence (§ 265c StGB). Alongside a detailed discussion of sports betting fraud, the work provides a comprehensive analysis of the legality of its penalization.
This book explores the development of German wine regulations beginning in 1871, with a focus on the criminal provisions of the six laws enacted since 1892. Joseph Roth identifies the “normative delusions” of consumers that became entrenched over the years and that led to “relative truth when it comes to wine designations.”
This work traces the development of criminal law in the duchy of Braunschweig. It focuses on the genesis and defining features of the 1840 Criminal Code, which even at the time was considered an outstanding achievement. With a view to the historical context, the work concludes with an examination of the law’s role in the process of unifying German criminal law.
Die Arbeit beschreibt den legislatorischen Anpassungsversuch an die dynamische Technikentwicklung auf dem Gebiet des Computer- und Internetstrafrechts seit den 1970er Jahren. Nach der Kodifizierung der Datenveränderung, Computerspionage und -sabotage durch das „Zweite Gesetz zur Bekämpfung der Wirtschaftskriminalität" von 1986 prägten vor allem die völkerrechtlichen und europäischen Harmonisierungsbestrebungen den nationalen Novellierungsprozess.
Der Verfasser zeigt in seiner Arbeit auf, wie sich der Steuerhinterziehungstatbestand seit dem 19. Jahrhundert entwickelt hat. Anknüpfend an strafrechtstheoretische Grundlagen des 18. und 19. Jahrhunderts wird die Gesetzgebung und Reformdiskussion dargestellt. Dabei werden problematische Entwicklungstendenzen aufgezeigt. Im Rahmen der Untersuchung wird kritisch hinterfragt, ob die Normen der §§ 370, 371 AO reformbedürftig sind.
In light of the new § 217 StGB, this book deals with the highly relevant themes of assisted suicide and professionalized assisted suicide (e.g. medically assisted suicide, euthanasia societies). It places the old status of the law in context and offers a standard of comparison for evaluating the new regulations. A presentation of the underlying legal philosophy and an analysis of the most important details for legal practice complete the work.
The evolution of penal law in the Grand Duchy of Hesse was influenced in the 19th century by Hesse’s incorporation of the region of Rhine-Hesse. The opportunity to adopt French legal texts played a central role. Deterred by the sense that the French penal code was too harsh, legislators decided against its adoption after years of discussion. Instead, they codified their own criminal code.
The dissertation focuses on a legal examination of §§ 213, 215 of the East German Criminal Code. It continues the work by Mohr on §213, which considered its history through 1968. This study incorporates the entire time period from 1957 to 1990, including high court jurisprudence as well as measures undertaken by the Ministry for State Security (MfS). It is supplemented by an analysis of court records from the Dresden public prosecutor’s office.
The present work describes how sanctions of forfeiture, confiscation, and rendering unusable directed against property have developed since 1871. It explains some persistent inadequacies of the law and the areas where it would be desirable for legislators to intervene. This book will be indispensable for anyone desiring a deeper understanding of the subject.
This volume furnishes the first comprehensive discussion of the history of reform debates and legislation from 1870 to the present day regarding the criminal offense of incest as defined under §173 of the StGB (German Criminal Code).
In the first chapter of this work, the central issue and the method of presentation are explained. The second chapter describes the legislation of the German particular law (Partikularrecht). The third chapter begins with the development of the Reich Criminal Law Code and is followed by presentations of the reform attempts up to the start of the criminal law reform focused on the "revolution bill"; the drafts from 1909 to 1930, the political periods of the Weimar Republic and of National Socialism, and post-1945 legislation are also addressed.
Following nearly 100 years of abolitionist efforts for reform, Article 102 of the Basic Law of the Federal Republic of Germany marked the constitutional end of legal capital punishment. What were the reasons behind this surprising decision taken by lawmakers to ban this ultimate punishment, particularly considering the fact that ruling public opinion of the time looked favorably on the death penalty? What effects did this constitutional ban have on the population, which rejected this ruling? In particular, this work examines the formation of parliamentary and public opinion in the period from 1949 to 1990, including the question of a renewed use of the death penalty.
This book contains the first complete presentation of the protection of socialist property under criminal law in the GDR. According to GDR principles, socialist property was considered to be the people's property, the property of socialist cooperatives and the property of their parties and popular organizations. The author describes an increased liberalization and also depolitization of the practice of criminal law in this area. The final chapter discusses if and to what extent criminal law in the GDR used to protect socialist property was, in fact, an unjust criminal law.
The subject of this work is the reform debate and legislation pertaining to the facts of the case as set out in §217 of the old version of the German Criminal Code (StGB) from 1870 until its annulment under the Sixth Criminal Law Reform Act (StrRG) on 1 April 1998. This work focuses on providing observations in hindsight. This particularly applies to the motives and legal consequences of the deletion of the facts of the case under the Sixth StrRG, which actually created more issues than it solved. <
In view of the current development of the law concerning legal assistance, this work also seeks to make the development process of the Act on International Legal Assistance in Criminal Matters applicable to issues such as the legal status of the persecuted and the three dimensional nature of the legal assistance procedure.
Sexual criminal offenses manifest themselves in many different forms in practice as well as under the law. This work addresses the forms of criminally punishable sexual violence, which are today subject to penalty under § 177 StGB as sexual assault and rape. It encompasses the period of time between the implementation of the Criminal Code of the German Reich in 1870 and the Federal Criminal Code in its current applicable version.
The procedure for penalty orders is highly significant to the practice of law. This work reveals that the procedure for penalty orders arose out of a conflict of competence between the police and the judiciary. It established itself as part of procedural law and became an essential component of the Code of Criminal Procedure. The development of the procedure - from the early 19th century in Berlin with the mandate procedure in police law to the present day - is presented and evaluated.
The focus of this work is the development and content analysis of the draft of 1922, also known as the “Radbruch Draft”, which refers to the draft's central author, the German Reich's Minister of Justice, Gustav Radbruch. The core issues focused on in this reformative work, which distinguishes it from the previous draft of 1919, were the pursuit to eliminate “police injustice” and “anti-social behavior” from the Criminal Code, revision of the penal system, the enhancement of judicial discretionary powers and the “exchange” of penalties and preventative detention, a new emphasis on the principle of the guilt as well as the decriminalization efforts in the special part of the Code.
“Incitement to class conflict” and “incitement to hatred” - two terms for one statue: § 130 of the German Criminal Code (Strafgesetzbuch: StGB). This work traces their development and the reform discussions. The subject of the examination is a regulation, which considers the forefront of violent actions against members of segments of the population. Its field of application is the intersection of the call for criminal actions, the ban to insult confessions or ideologies as well as abetting in general.
This work considers the legal techniques used in the German Criminal Code for penalty increases, especially the standard example method for severe criminal offences. The advantage of the exemplifications method by Wach in comparison to the standard example technique is presented and explained, namely that this method can generally be a successful compromise between the casuistic and generalized legal technique.
A presentation of the development of the Saxon criminal codes in the 19th century is the goal of this work. It focuses on the codification efforts since 1811, the respective effective versions of the Saxon criminal codes, the debates held by law planning authorities and their drafts as well as commentary from various academics and public authorities.
The first part of the series on the modern German criminal code consists of five volumes, charting its development from the enactment of the code in 1870 through subsequent amendments and rulings up to the present day. Volume 5 covers developments from the turn of the century until 2018.
To mark the 100th anniversary of the Youth Courts Act, this volume sheds light on the development of criminal youth proceedings into the present day. It clearly portrays the ongoing tension between the educational and rehabilitative approach taken in youth criminal proceedings and the procedural objective of protecting the rights of juvenile defendants.
