Construction law

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The totality of the special criminal law norms that can be implemented in connection with the planning, construction, modification and demolition of buildings of all kinds is referred to as construction criminal law .

Building criminal law in the narrower (dogmatic) sense includes in particular the so-called building risk ( Section 319 of the Criminal Code ). In addition, environmental offenses , insofar as they can be carried out in connection with the conception or implementation of building projects (e.g. Sections 325 et seq.

Part of the literature also includes the implementation of penal norms, in particular from the area of commercial criminal law , which cannot be implemented directly through the conception or implementation of building projects, but which are closely related to the construction industry .

The high complexity of the assessment of construction law issues, resulting from the close interweaving of legal and structural issues, means that the prosecution of issues relevant to construction law is often stopped during the preliminary investigation due to agreements ending the proceedings . Therefore, only sensational cases come into the focus of the public, for example in connection with injuries or homicides in the collapse of buildings (e.g. ice skating and swimming pool Bad Reichenhall ) or cases with considerable environmental damage.

literature

  • Wilhelm Gallas : The criminal liability of those involved in the construction with special consideration of the responsible site manager. Publishing company law and economy, Heidelberg 1963.
  • Gina Greeve, Klaus Leipold (Hrsg.): Handbuch des Baustrafrechts. Verlag CH Beck, Munich 2004, ISBN 3-406-50624-0 .
  • Herbert Landau : The criminal risk of those involved in the construction. In: Wistra. Vol. 18, No. 2, 1999, ISSN  0721-6890 , pp. 47-52.
  • Klaus Rabe: The responsibility of the site manager. In: Building Law. Vol. 12, No. 4, 1981, ISSN  0340-7489 , pp. 332-348.
  • Bernd Schünemann : Basic questions of criminal attribution in the offense of building risk. In: Journal for German and international building and procurement law . Vol. 3, No. 1, 1980, ISSN  0170-0413 , pp. 4-9, 113-119, 159-165.
  • Bernd Schünemann: The rules of technology in criminal law. In: Wilfried Küper, Ingeborguppe, Jörg Tenckhoff (eds.): Festschrift for Karl Lackner on his 70th birthday on February 18, 1987. de Gruyter, Berlin et al. 1987, ISBN 3-11-010461-X , pp. 367-397 .
  • Barbara Veit: The reception of technical rules in criminal law and administrative offense law with special consideration of their constitutional problems (= environmental and technology law. Vol. 8). Werner, Düsseldorf 1989, ISBN 3-8041-3711-3 (also: Trier, University, dissertation, 1989).
  • Rolf-Jürgen Velten: The building risk (§ 330 StGB). A criminal and criminological investigation. Kiel 1965 (Kiel, University, dissertation, 1965).