Law of application of criminal law (Germany)

The law on the application of criminal law deals with the question of the conditions under which German criminal law is applicable to matters abroad.

The right to apply penalties is regulated in §§ 3 ff. Of the Criminal Code.

Except in Germany, German criminal law also applies on all ships and in all aircraft that are authorized to use the national emblems of the Federal Republic of Germany ( § 3 , § 4 StGB - territorial principle and flag principle).

Regardless of the law of the place of the crime, it also applies to certain offenses abroad with a special domestic reference ( Section 5 StGB) and certain offenses abroad against internationally protected legal interests ( Section 6 StGB, Section 1 International Criminal Code - international law principle ).

In addition, German criminal law according to § 7 StGB applies if the act at the crime scene is threatened with punishment or the crime scene is not subject to criminal violence and

• the act was committed against a German (Section 7 (1) StGB - passive personal principle) or if
• the culprit
  1. was a German at the time of the offense or became a German after the offense (Section 7 (2) No. 1 StGB - active personnel principle) or
  2. At the time of the offense, a foreigner was affected domestically and, although the extradition law allows his extradition according to the type of offense, he was not extradited because an extradition request was not made or rejected within a reasonable period of time or the extradition cannot be carried out (Section 7 subs. 2 No. 2 of the Criminal Code - principle of substitute criminal justice , aut dedere aut iudicare = extradite or punish yourself).

literature

• Edward Schramm : Internationales Criminal Law: Criminal Application Law, International Criminal Law, European Criminal Law (Jura compact) , Munich 2011
• Christoph Safferling : International criminal law: Law of application of penalties - International criminal law - European criminal law. Springer-Verlag, 2011
• Helmut Satzger : Internationales and European Criminal Law , Nomos, 6th edition 2013. ISBN 978-3-8487-0273-2 ( reading sample )
• Christian Caracas: Responsibility in international group structures according to § 130 OWiG - Using the example of bribery in business dealings with no punishments abroad, Nomos Verlag, Baden-Baden 2014, ISBN 978-3-8487-0992-2 . Review by Marc Engelhart in the Journal of Economic Criminal Law Association WIJ, October 25, 2015 and by Bjoern Rohde-Liebenau in COMPLIANCEdigital - Erich Schmidt Verlag , source: ZRFC Risk, Fraud and Compliance Issue 5/2014 and Christian Heuking in Transparency International Germany eV headlights 67, April 2015; see also Caracas in Corporate Compliance Zeitschrift 2015, p. 167 ff. and p. 218 ff.

Web links

• Kai Ambos , Annika Maleen Poschadel: Transnational criminal prosecution request . Obstacle to persecution in the requesting state? GA 2011, 95
• Dominik Brodowski: Developments relevant to criminal law in the European Union - an overview Zeitschrift für Internationale Strafrechtsdogmatik 5/2010, pp. 376–386
• Christoph Burchard: Intertemporal law on the application of criminal law: On the applicability of German criminal law in the Demjanjuk proceedings. At the same time discussion of LG Munich II, decision of February 2, 2010 - 1 Ks 115 Js 12496/08 HRRS 3/2010, p. 132 ff.
• Christian Schwarzenegger: Abstract danger as success in the application of criminal law - a leading case for cross-border internet crimes. On the judgment of the BGH of December 12, 2000 - 1 StR 184/00 . Journal of Intellectual Property, Information and Competition Law, 3/2001, 240 - 252

Individual evidence

1. ↑ Kai Ambos : Criminal Law & European Criminal Law ( Memento of the original from December 26, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2015 
2. ↑ Martin Heger : The Law of Application of Criminal Laws of §§ 3 ff. StGB ( Memento of the original from December 26, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 2015 

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