Conviction crimes

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As conviction crime or conviction deeds following are Gustav Radbruch (1878-1949) criminal acts referred committed from political, religious or otherwise ideological conviction.

History of the term

The term conviction criminal was first put up for discussion in 1913 by Gustav Radbruch. By this he understood a perpetrator who “committed to the act on the basis of his moral, religious or political convictions”. Radbruch rejected all forms of moral pathos towards such a perpetrator: in the case of acts of conviction, the state had to deal with "dissenters" who should not be viewed as morally inferior or superior to the state.

The “equal” position that Radbruch granted to convicts is ultimately based on his relativistic legal philosophy . Like Max Weber , Radbruch also considered it impossible to come to a rational decision about the correctness of different worldviews. Values ​​are only capable of confession, not of knowledge.

In terms of legal policy, Radbruch called for a special type of punishment for perpetrators with conviction: the so-called inclusion . The corresponding passage in the draft of a General German Criminal Code from 1922 (E 1922) that he worked out was:

§ 71. In place of strict prison and prison, confinement of the same duration occurs if the decisive motive of the offender was that he considered himself obliged to the act on the basis of his moral, religious or political attitude.

The confinement should by no means be associated with privileging acts of conviction in the sense of milder sanctions. This is already made clear by the wording of E 1922 (“containment of the same duration”). The confinement had a purely protective , measure-like character, which in individual cases could also lead to a lifelong protection from the “different-thinking” convict.

literature

  • Gustav Radbruch, Introduction to Law , 3rd and 4th ed., Leipzig 1919 (In the following editions, Radbruch only dealt with the subject very briefly).
  • Gustav Radbruch, The Conviction Criminal , in: ZStW 44 (1924), pp. 34–38.

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