Juristische Zeitgeschichte / Abteilung 5
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Die Grenze zwischen juristischer Zeitgeschichte und geltendem Recht ist fließend. Diese Grauzone füllt die Abteilung „Juristisches Zeitgeschehen" aus. Sie dokumentiert und erörtert rechtspolitische Vorgänge und Gerichtsverfahren von grundsätzlicher Bedeutung, die in die Rechtsgeschichte einzugehen versprechen. Dazu gehören auch Dokumentationen der Berichterstattung über einschlägige zeitgenössische Vorgänge (z.B. Presseberichte und Erlebnisberichte).
This volume sheds light on the discussion surrounding assisted dying in Germany. The conclusion suggests that §217 of the German Criminal Code was not the best possible solution. Do the Netherlands offer a practicable model? It discusses autonomy, dignity, care, and the unavailability of human life. Which provisions might help to find a solution for those affected? It ends with a current suggestion for provisions on physician-assisted suicide.
What was the impact of the general political situation – that is, the Cold War – on the compensation of political victims of Nazi persecution, especially communists? This study examines legislative processes and jurisprudence and their reciprocal effects during the 1950s in West Germany, with a focus on juridical practice in West Berlin.
This study investigates the development of criminal provisions for protecting the reputation of the state in Turkey and Germany. It presents the current status of legislation and case law, comparing the two legal systems with respect to legal dogma, statistics, and criminal policy. The study examines problem areas in penal and constitutional law with regard to criminal offences.
The book considers the doctrinal foundations of the 2017 reform act on criminal asset recovery, as well as examining its practical import for the preliminary confiscation of assets in (tax-related) criminal proceedings, the seizure of assets of uncertain origin without prior sentencing, and the constitutionality of so-called preventive profit recovery.
The Stasi played a far more extensive role in the judiciary, legislation, and judicial cadre policy than previously recognized. This work describes the conspiratorial aspect of the Stasi's investigations, its scripted preparations for the penal process in military tribunals, and its verbal and written arrangements with the Court and state prosecutors. It shows that the Stasi had full control of the penal system in military courts.
This work examines whether the elements of offence relating to child protection as defined in Section 13 of the German Criminal Code (StGB) are legitimate in general and/or under criminal law from a present-day perspective. In this regard, the volume inquires as to which legally protected rights are violated or endangered and whether these rights could not be adequately protected without the threat of criminal penalties.
In this work the author shows why and how Masonic lodges were persecuted during the Nazi era and how they were deprived of their assets. He describes how, following the end of the Nazi era, the compensation of the Masonic lodges was conducted under international law in each of the occupation zones in Germany. In the western occupation zones and in the new Federal Republic of Germany the Masonic lodges received redress, while this was not the case in the Soviet occupation zone and the German Democratic Republic.
In this work the author examines the latest developments with regard to laws on money laundering. Beginning with a consideration of the legal and criminological foundations of this field of law, which is subject to constant change, the development of money laundering law in Germany is chronicled and the innovations resulting from the implementation of the Third EU Money Laundering Directive in the form of the Act Supplementing the Money Laundering Act (GwBekErgG) are described and discussed. In this area the work focuses on how the revision affects credit institutions.
