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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)
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).
The penalty for Mord is life imprisonment. Parole may be granted after a minimum of 15 years; typically after 18 years but 23 years or longer in serious cases. In the formulation of the law as of 1941, until the abolition of the death penalty in 1949, death was the mandatory sentence for Mord, with "special cases" being punished with a life sentence in a house of correction, effectively making ...
A stripped book is a mass market paperback that has been stripped of its cover in order to be recycled. The covers are returned to the publisher as evidence that the books have been destroyed and to obtain a credit on the purchase price.
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 ...
Since the 2022 invasion of Ukraine by Russia, several states including Berlin, Lower Saxony and Bavaria are looking to put the military Z symbol under the law. [21] [22] Due to the Israel-Hamas war, crowds of protesters erupted against Germany, which caused fears of pro-Palestinian violent incidents, [23] [24] so Germany banned all pro-Hamas ...
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.
The German legal system is a civil law mostly based on a comprehensive compendium of statutes, as compared to the common law systems. In criminal and administrative law, Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the ...