Competition (German Penal Code)
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Competition (German Penal Code)
Competition in German Penal Code is the assessment of multiple crimes committed by the same person in the context of a legal process. A distinction is made between joint offenses (§ 52 StGB) and distinct offenses (§ 53 StGB). Joint offenses are cases in which the same person commits multiple different or identical crimes through the same act, while distinct offenses are cases where different or identical crimes are committed over multiple distinct acts. Joint and distinct offenses The purpose of the competition provisions is to ensure that, where several violations of the criminal law occur at the same time, a penalty is imposed that is appropriate to the severity of each violation and not simply to add up the penalties for the individual offenses. The Criminal Code provides two procedures for developing a punishment from the sentencing range for each individual criminal offense: joint offense under § 52 StGB and distinct offenses under § 53 StGB (''Differenzierungsprinzip ...
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German Penal Code
''Strafgesetzbuch'' (, literally "penal law book"), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After ...
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Federal Court Of Justice
The Federal Court of Justice ( , ) is the highest court of Private law, civil and Criminal law, criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, ''de facto'' the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be Vacated judgment, vacated by the Federal Constitutional Court of Germany, Federal Constitutional Court for violating a provision of the German constitution, the Basic Law for the Federal Republic of Germany, Basic Law. In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as Examining magistrate, investigating judges in criminal investigations led by the Public Prosecutor General (Germany), Public Prosecutor Gene ...
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Claus Roxin
Claus Roxin (15 May 1931 – 18 February 2025) was a German jurist. He was one of the most influential dogmatists of German penal law and gained national and international reputation in this field. He was awarded an honorary doctorate by 28 universities around the world as well as the Bundesverdienstkreuz first class. Academic life Roxin studied law at the University of Hamburg from 1950 to 1954. Afterwards he worked as scientific assistant for professor Henkel where in 1957 he received a doctor's degree for his thesis ''Offene Tatbestände und Rechtspflichtmerkmale'' (open elements of a crime and attributes of statutory duty). In 1962 he habilitated with ''Täterschaft und Teilnahme'' (crime and accessory to crime) which became a standard work in this field. Roxin went on to become a professor at Georg-August-Universität Göttingen in 1963. In 1966 he was one of the authors of the "Alternativentwurf für den Allgemeinen Teil des deutschen Strafgesetzbuchs" (alternative pro ...
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Crime In Germany
Crime in Germany is handled by the German police forces and other agencies. Recent trends Statistics The official statistics ''PKS 2018'' of 2018 by the Bundeskriminalamt for the year 2017 shows an increase of 39.9% for resistance and attacks against state authority, 13.6% in the spreading of pornographic material, 8.3% in crimes against the German drug law, 6.1% for narcotic-related crimes generally and 5.5% in violations of the German arms law. On the other hand, there was a decrease of 18.2% in sexual assault, rape, sexual harassment including cases with lethal consequences, 16.3% in burglaries, 9.3% in violations of the immigration laws, 7.6% in fraud, 7.5% in theft and 6% in street crime. European Union Statistics on Income and Living Conditions (EU-SILC) In the EU-SILC survey, respondents were questioned about whether they experienced problems with violence, crime, or vandalism in the area where they live. Between 2010 and 2017, the EU crime average dropped by ...
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