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The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, a number of prohibiting provisions were included in the Strafgesetzbuch: Friedensverrat ("treason to peace"): preparation of a war of aggression (§ 80; since 2017 § 13 Völkerstrafgesetzbuch) and incitement to a war of aggression (§ 80a)
Criminal law is a matter of federal law in Germany. The main source of law here is the German Penal Code promulgated in 1871. Minors under 14 years old cannot be held liable for crimes in court; however, for minors between 14-18 years of age and in case of missing maturity under the age of 21, there are special juvenile courts and some ...
The Feindstrafrecht (German for "Criminal Law of the Enemy") is a criminal law and civil rights concept outlined in 1985 by the German criminal law professor and legal philosopher Günther Jakobs. The Feindstrafrecht says that certain people, as enemies of the society (or the state), do not deserve the protections of the civil or penal law.
As a novelty under German criminal law, provisions on superior responsibility are established (§§ 4, 13, 14). Acting upon superior orders may only exculpate a perpetrator of international crimes in exceptional circumstances (§ 3).
Nevertheless, the severability clause did not detract from the Carolina's unification of the legal system and its reformatory effect on criminal law was indisputable. Further historical importance of the Constitutio Criminalis Carolina arises from the fact that this was the first adoption of the canonical Italian legal institute of the ...
Page:Basic Law for the Federal Republic of Germany.pdf/5; Page:Basic Law for the Federal Republic of Germany.pdf/13; Page:Basic Law for the Federal Republic of ...
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The criminal divisions of the Federal Court of Justice primarily deal with appeals on points of law (Revision). In Germany, criminal cases involving lesser offenses are decided in the first instance by a district court (Amtsgericht), while more serious offenses are initially decided by panels of regional courts (Landgerichte) or, in few cases ...