Civil rights
As civil and political rights are civil rights referred to a citizen because of his citizenship entitled. In many states, civil rights can in certain cases, e.g. B. if convicted of a serious criminal offense , restricted or withdrawn.
Germany
In the Federal Republic of Germany , civil rights at the age of 18 are :
- the right to vote (active suffrage )
- the right to be elected (passive right to vote, depending on the position sought, also only at the completion of a higher year of life)
- the right to exercise public offices (e.g. lay judge )
The loss of official capacity and eligibility as a mandatory or optional consequence are regulated in Section 45 of the Criminal Code.
Until the criminal law reform in 1969
The loss of honor or the loss of civil rights was a secondary punishment in German criminal law before the Great Penal Reform in 1969 .
The prerequisites for the revocation of the honorary rights were in § 32 StGB a. F. regulated. According to this (so-called optional secondary consequence), in addition to a custodial sentence, the loss of civil rights could be recognized in all cases of the imposition of the death penalty and a prison sentence , in addition to a prison sentence only in exceptional cases permitted by law.
For some special offenses, the loss of honorary rights in addition to a prison sentence was mandatory (compulsory secondary consequence). These were perjury , heavy pandering and cash and in kind usury . If, in the case of other criminal offenses in addition to a prison sentence, the civil rights were not deprived, only the official capacity was lost (§ 31 StGB old version).
The consequences of the denial of civil rights were in § 33 and § 34 StGB a. F. regulated. It resulted in the permanent loss of the rights resulting from public elections as well as all public offices, dignities, titles, medals and decorations. Such offices, dignities, titles, medals and decorations could not be obtained during the period. The withdrawal also resulted in the loss of the ability to vote, vote, or be elected in public affairs and exercise other political rights; To be a witness when documents are taken; To be a guardian , subsidiary guardian , curator , legal counsel or a member of a family council , unless the relatives are descending and the general guardianship or family council has given approval.
This full extent of the loss could be limited to a prison sentence, with which the deprivation of all civil rights could have been connected, to the inability to hold public office for a period of one to five years, which nevertheless meant the permanent loss of those previously held Resulted in offices (cf. § 35 StGB old version)
The duration of the loss was in Section 32 (2) StGB a. F. regulated. It was a minimum of two and a maximum of ten years for a temporary prison sentence, and a minimum of one and a maximum of five years for a prison sentence. These deadlines were calculated from the day on which the sentence was served, statute-barred or waived, although if it was waived after a probationary period ( suspended sentence ), this was included (Section 36 StGB old version).
Since the criminal law reform in 1969
The criminal law reform in 1969 abolished the deprivation of civil rights as a secondary criminal consequence. All that remains is the loss of authority and the exclusion of voting rights , i. H. eligibility as a mandatory or optional consequence, in the case of certain political offenses (e.g. election fraud ) also withdrawal of the right to vote ( § 45 StGB, § 13 , § 15 BWahlG ).
The criminal law reform of 1969 had no influence on the legal consequences of a conviction that were regulated or to be pronounced outside of criminal law. For example, a criminal offense B. indirectly result in the loss of the civil service pension payments and the withdrawal of a doctorate .
Austria
In Austria, convictions of more than one year imprisonment for one or more intentional offenses previously led to the loss of the right to vote in the National Council for six months after serving the sentence (Section 22 National Council election regulations old version) if the sentence had not been conditionally examined (Probation). Since the judgment of the ECHR in the Frodl case and an amendment to the electoral law in 2011, the exclusion from the right to vote requires a decision in individual cases (§ 22 National Council election regulations new version), a general legal regulation is with Art. 3 of the additional protocol to the ECHR (right to free Elections) incompatible. Except in the case of certain political offenses, the withdrawal of the right to vote is only possible if the prison sentence is more than 5 years.
In the case of civil servants, convictions lead to imprisonment for one or more deliberately committed criminal acts leading to loss of office (Section 27 of the Criminal Code ) if the conditional sentence (suspended sentence) exceeds one year, if the sentence has not been conditionally examined, even if it is six Months. A conviction for abuse of authority always leads to loss of office.
Switzerland
In Switzerland, the law of March 18, 1971 abolished the general deprivation of honorary rights. Only incapacity for office was recognized as a secondary punishment (Art. 51 StGB ). This regulation was also repealed in 2002.
See also
literature
- Albert Esser: The honor penalty. Stuttgart 1956.
Individual evidence
- ^ Ehrenrechte Meyer's Großes Konversations-Lexikon 1905, accessed on June 23, 2017
- ↑ Jan Oelbermann: Right of honor and withdrawal of voting rights, acquittal, issue 6, February 2015
- ^ Judgment of April 8, 2010, FRODL v Austria, Appl. 20201/04, effective October 4, 2011, newsletter Menschenrechte 2/2010, ÖJZ 2010, 734 ff.
- ↑ Free elections ECHR portal, accessed on June 23, 2017
- ↑ Federal Act of March 18, 1971, in force since July 1, 1971 (AS 1971 777; BBl 1965 I 561)
- ↑ Swiss Criminal Code. Final provisions of the amendment of December 13, 2002 Systematic compilation of federal law, accessed on June 23, 2017
