Liberty offense

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Under offenses against the freedom and peace of a man "means offenses, but which affect the personal freedom of one or more people or guaranteed them by the law state of peace."

Systematics and legal families

Personal freedom is one of the central political concepts of Western democracies and regularly has constitutional status. In contrast, it seems surprising at first glance that the criminal law provisions for their protection are often only found scattered in the criminal law codifications. The system of crimes against freedom differs significantly from legal system to legal system.

This finding is explained by the historical genesis of the liberty crimes. Among them are of course older and oldest criminal offenses, but the real heyday of the liberty and peace crimes dates back to the time after the Enlightenment and the French Revolution . While protection against attacks on the part of fellow citizens was to be found in the penal repertory early on, it was only with the Enlightenment that the idea of ​​protecting citizens against attacks by the state in their freedom under criminal law developed. Freedom and personal peace ultimately find their core in general personal rights and human dignity ; As politically dazzling “modern complex terms”, they have so far eluded complete coverage solely through legal dogmatics, which is why comparable legal systematic structures have not yet developed.

Historically, freedom initially referred to physical freedom of movement, and therefore the possibility of changing one's whereabouts. From enslavement, kidnapping, kidnapping and imprisonment, deprivation of liberty developed as a basic type. Only the changed understanding of freedom of the Enlightenment created space for a more comprehensive criminal law protection of freedom. The development of coercion is therefore one of the products of the 18th century. Your protection is no longer just the freedom of movement, but the exercise of will as such.

Legal systems with scattered facts

In the German penal code , criminal offenses for the protection of freedom and personal peace are very scattered. The personal peace is unknown as of protection. The most important facts are:

The system is comparable in Austria and Switzerland, where freedom offenses can also be found next to honor offenses .

Legal systems with a closed system

In the Scandinavian countries in particular, efforts were made to codify the protection of freedom and personal peace in a more systematic manner. The Swedish penal flag from 1864, which was replaced in 1965, regulated freedom and peace crimes in a separate 15th section. The current Danish law distinguishes between peace and personal freedom, but regulates both directly after each other. However, trespassing is one of the offenses against general order. Spain, Brazil and Chile also offer a comparable closed system. In some states, even robbery and kidnapping is viewed as a crime against family and morality.

Case constellations

hostage taking

literature

Comparative law

  • Gerhard Simson and Friedrich Geerds : Crimes against the person and moral offenses in a comparative law perspective . CH Beck, Munich 1969, Part II - Offenses against freedom and peace, p. 213-298 .
  • Jürg Stucki: Trespassing (Art. 186 StGB) compared with the corresponding rules of American law . Lang, Bern 1969.

Legal history

  • Felix Bruck : On the doctrine of the crimes against free will . Berlin 1875.

criminology

Web links

Individual evidence

  1. ↑ a b c d e f Gerhard Simson and Friedrich Geerds : Crimes against the person and moral offenses in a comparative law perspective . CH Beck, Munich 1969, Part II - Offenses against freedom and peace, p. 213-218 .
  2. ↑ StGB, Section Fifteen: Violation of the personal sphere of life and secret