Nulla poena sine lege

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According to continental European legal understanding , the Latin short formula nullum crimen, nulla poena sine lege (“no crime, no punishment without law”) describes the principle of legality (or the principle of legality ) in criminal law . This results in the guarantee functions of the criminal law in the rule of law . Crime ( crimen ) is therefore only what the legislator has declared a crime. Only a formal law can therefore justify the criminality of an act. The principle of legality is essentially an achievement of the Enlightenment . In the German-speaking countries it is attributed in particular to Paul Johann Anselm von Feuerbach .

The long version of the Latin formula nullum crimen, nulla poena sine lege scripta, praevia, certa et stricta describes the four individual principles of the legality principle:

  • Necessity to fix criminal liability in writing (prohibition of customary law justifying punishments , nulla poena sine lege scripta )
  • Necessity of restraint before committing the offense (criminal law prohibition of retroactive effects , nulla poena sine lege praevia )
  • Need reasonable certainty the law (criminal principle of certainty , nulla poena sine lege certa )
  • Prohibition of analogy to the detriment of the perpetrator beyond the wording of the law ( ban on analogy in criminal law, nulla poena sine lege stricta )

In a large number of national legal systems , the principle of legality is one of the constitutionally and human rights- protected basic judicial rights . The principle of legality is strictly applied in legal systems of the continental European legal system, in which the applicable law is largely codified . On the other hand, there are certain restrictions within legal systems in which case law is an independent source of law , especially in states of the common law jurisdiction and in international criminal law .

The principle of legality as a fundamental provision of substantive criminal law is to be distinguished from the strictly criminal procedural legality principle (obligation to investigate the law enforcement agencies), although both terms are translated in the same in English ( principle of legality ).

Excluded from the rule nulla poena sine lege from today's perspective of international law with regard to national law are international law crimes (see Nuremberg Clause ) and in Germany acts that are only legal because of an "unbearably unjust" law - that is, legalizing international law crimes (see Radbruch ' cal formula ).

Continental European legal tradition

History of ideas

The postulate nulla poena, nullum crimen sine lege (no punishment without law, no crime without law) was expressly formulated for the first time by Paul Johann Anselm von Feuerbach in his textbook on the common embarrassing law valid in Germany from 1801. Feuerbach referred to the previous ones political and legal theoretical considerations of other European philosophers and jurists of the Enlightenment and brought them together in the Latin short formula. There were already (at least in rudiments) provisions in positive law corresponding to the principle of criminal law , such as in Section 1 of the Josephine Criminal Law of 1787 and in Article 8 of the French Declaration of Human and Citizens' Rights of 1789. The principle of legality for the area of ​​criminal law The principle of separation of powers realized in particular was developed by Montesquieu in his central work The Spirit of the Laws of 1748. In addition, Cesare Beccaria's influential work Dei delitti e delle pene from 1764 represents an important foundation of the principle of legality in criminal law theory. However, it is already firmly anchored in Jacques Cujas' legal commentary of the Codex Iustinianus, when he means: “Nam Magistratus sine lege nullam poenam . Poena est a lege. "

Furthermore, natural law justifications of the principle of legality can be found in scholasticism and late Spanish scholasticism in the dispute over the requirements of a punishing conscience . Building on the Ezekiel commentary by Sophronius Eusebius Hieronymus , z. B. Thomas Aquinas and Francisco Suárez the formal conditions of the conscience penalty. Thomas located the conditions in synderesis , a formal active component of the human soul. Through him the knowledge in the mind is formally possible, how to act according to human nature. The synderesis therefore already contains a law with patristic authors, which dictates how one must act as a person. In individual cases this law is determined in terms of content and shows itself for the scholastics in an activity of the mind, which has been called conscientia since Thomas. A possible content of the conscientia is the punishment according to the content of the Synderesis, if one has not acted according to human nature. Such a penalty is e.g. B. the madness, which has been regarded as a punishment of conscience since ancient times. As described, for example, in the Oresty . According to Suárez, the ultimate punishment is the recognition of an obligation to act naturally in order to undo a past misdemeanor. But because the offense has passed and is therefore unalterable, one is obliged to do the impossible. The conscientia thus obliges on the basis of synderesis - which belongs to human nature - to a certain behavior; namely to do the impossible. Conscientious people are thus restricted in such a way that they can only determine their own will to a limited extent. Because they can think of nothing else than to fulfill the obligation. Because there is a limitation of the understanding through the conscientia, one speaks of an evil, a malum metaphysicum. The restriction relates to a metaphysical quality of a person. The law according to which the malum metaphysicum is added is given by human nature itself. Therefore, according to the scholastic point of view, the penalty of conscience is due to the violation of natural law .

The principle of nulla poena sine lege is to be understood as a partial aspect and outflow of the project of the Enlightenment and the pan-European criminal law movement of the 18th and early 19th centuries. Efforts to rationalize criminal law, to differentiate between law and morality and to separate legislative and judicial power in the rule of law were realized in it . The principle nulla poena sine lege is thus in the context of other fundamental principles of constitutional criminal and criminal procedure law, such as the guilt principle ( nulla poena sine culpa ), the right to be heard , the sentence of doubt ( in dubio pro reo ), the presumption of innocence , the Double punishment prohibition ( ne bis in idem ) and other basic judicial rights .

In jurisprudence, attempts are sometimes made to derive the theoretical roots from ancient Roman law . It is largely undisputed that, according to today's understanding, the principle of legality was not a characteristic of Roman law. However, some authors want to recognize beginnings of the principle of legality in the legal thinking of individual important Roman intellectuals, such as the lawyer Ulpian or the court speaker Cicero .

Individual expressions

The principle of legality in criminal law has gradually been further differentiated by jurisprudence and jurisprudence and is now usually divided into four individual principles. There are differences in the details between the various states with continental European legal traditions in the concrete interpretation and application of the principle of legality. The fundamental decisive principles are identical, however, and compliance with them is ensured by the case law of the European Court of Human Rights in the signatory states of the European Convention on Human Rights .

Reservation of law ( nulla poena sine lege scripta )

Nulla poena sine lege is subject to the reservation of the law . Determining the criminality of behavior - doing or not - is the responsibility of the legislature alone , since criminal offenses must be laid down in writing. Criminal liability on the basis of customary law is consequently forbidden, a positive regulation of customary offenses is subject to exclusive constitutional allocation of competences.

In modern constitutions, in which the legislature is parliament , the rule also acts as a parliamentary reservation and has a democratic function by assigning power in criminal policy to the representatives of the people. In constitutions with a consistently applied separation of powers , the norm also deprives the courts of the possibility of determining the criminal liability of an act - their exclusive task is the application of already existing norms.

Law of certainty ( nulla poena sine lege certa )

The requirement of certainty restricts the legislature's scope for action by forbidding the legislature to create norms that are not sufficiently specific and that allow the user of the law to expand the scope of criminal liability, for example through clauses such as “or similar acts” or “other acts ".

Non-retroactivity ( nulla poena sine lege praevia )

The prohibition of retroactivity states that a punishment is only possible if the act accused of the perpetrator was already threatened with punishment at the time of its execution.

Prohibition of analogy ( nulla poena sine lege stricta )

The wording of a criminal norm forms the extreme limit of the permissible interpretation of the norm. The courts are prohibited from closing gaps in criminal liability through an interpretation that goes beyond the wording limit (analogy) to the detriment of the accused. A conclusion by analogy in favor of the accused, however, is permissible.

Legal situation in individual states

Germany

Anselm von Feuerbach, German legal scholar (1775–1833)

In Germany , Paul Johann Anselm von Feuerbach is considered to be the one who introduced the postulate in his textbook on the embarrassing law applicable in Germany (Giessen 1801). In the Bavarian Criminal Code of 1813 drafted by Feuerbach, the principle of legality was for the first time legally fixed for the German-speaking area. This basic provision was the Prussian Penal Code of 1851, then by the Criminal Code for the North German Confederation adopted by 1870 and after the founding of the German Empire finally in 1871 created Penal Code committed.

In the Weimar Republic , the principle of Nulla poena sine lege was anchored in Article 116 of the Weimar Constitution . At the time of National Socialism , the principle of legality was initially lifted in individual cases with the Lex van der Lubbe and then in general in 1935. Instead, the following was codified in Section 2 of the Criminal Code: “ Anyone who commits an act which the law declares to be punishable or which, according to the basic idea of ​​a criminal law and according to the common sense of the population, deserves punishment is punished. If no specific criminal law is directly applicable to the act, the act will be punished according to the law whose basic idea best applies to it ”.

Today it is included in Germany both in Section 1 of the Criminal Code and in the constitution ( Article 103, Paragraph 2 of the Basic Law). According to Article 93, Paragraph 1, No. 4a of the Basic Law, a constitutional complaint is open against violations of this fundamental right . This is intended to give the application of criminal law a constitutional framework from the outset and prevent emotional criminal law . The principle of legality under criminal law is a special form of the rule of law ( Art. 20 (1) and (3) GG).

France

Baron de Montesquieu, French philosopher and state theorist (1689–1755)

In France, the principle of legality is attributed in particular to Montesquieu's considerations on the separation of powers and is a central component of French criminal law . Legislative it was first reflected in Articles 5 and 8 of the Declaration of Human and Civil Rights of 1789. It can be found in the post-revolutionary constitutions and in Article 4 of the French Penal Code of 1810. It can be found in the first chapter of the current French Penal Code of 1992 (Articles 111-2, 111-3).

Italy

Cesare Beccaria, Italian legal philosopher and criminal law reformer (1738–1794)

Based on the considerations of Beccaria , the principle of legality found its way into legislation in Italy in the 19th century. The principle of legality was expressly regulated in the penal code of the Kingdom of the Two Sicilies of 1819, in the penal codes for the Sardinian states of 1839 and 1859, and in the Tuscan penal code of 1853. After the unification of Italy, the principle of legality was anchored in Article 1 of the Codice Zardanelli of 1889 . This provision has been incorporated almost word for word into the Italian Criminal Code ( Codice Rocco ) from 1930, which is in force today . The principle of legality has had constitutional status in Italian criminal law since 1948 (Article 25 of the Constitution of Italy).

Austria

In Austria , the principle of “no punishment without law” is regulated in Section 1 of the Criminal Code. By signing the European Convention on Human Rights in 1958, Austria is constitutionally bound by this principle (Art. 7 ECHR) under international law , at the latest by Federal Law Gazette No. 59/1964.

Before that, the principle was only laid down in Article IV of the StG (the predecessor of the StGB) and could therefore be overlooked by the fact that a newly created penal norm also provided for its application to past acts, as this retroactive provision was based on the principle of “no punishment without law “ Would replace it as a lex specialis . For example, the amendment to the penal law of 1931, with which a new section 205c ( infidelity ) was inserted into the StG , expressly provided for its retroactive validity in Article III: “This law comes into force on December 15, 1931. Its provisions are also to be applied to actions that were committed before this day, if the limitation period has not expired since then. "

After 1945, Wilhelm Malaniuk justified the admissibility of the non-application of the prohibition of retroactive effects in the War Crimes Act and the Prohibition Act for Crimes of the Nazi regime: "Because these are criminal acts that violate the laws of humanity so grossly that such lawbreakers are not entitled to the guarantee function of the Of the facts. The crimes of the National Socialist regime also represent violations of treaties and international law ”.

Poland

The principle of legality was included in the Polish criminal laws of 1932 and 1969. Today it is codified in article 42, paragraph 1, sentence 1 of the Polish Constitution of 1997 and in article 1, section 1 of the Polish Criminal Code.

Spain

Elements of the legality principle can be found in all Spanish constitutions of the 19th century. In today's Spanish constitution , the principle of legality is laid down in Articles 8 and 25. The current Spanish penal code ( Código Penal ) stipulates the principle of legality in Articles 1, 2 and 4.

Turkey

In the constitution of the Republic of Turkey , the principle Nulla poena sine lege can be found in Article 38, paragraph 1:

“Nobody may be punished for a criminal offense that was not considered to be such on the basis of a law in force at the time it was committed; no one may receive a more severe punishment than that which was determined for this offense by the law in force at the time the offense was committed. "

- http://www.tuerkei-recht.de/downloads/verfassungs.pdf

Anglo-American legal tradition

While in states with a continental European legal tradition the formal laws passed by the legislature are the main sources of law, in the Anglo-American legal system precedents are the primary source of law. This results in fundamental differences in the design of the Nulla-poena-sine-lege principle. Although this is also part of the Anglo-American legal system, its content is fundamentally different in many areas. The US American criminal law, for example, recognizes a prohibition of retroactive punishment (“ ex post facto prohibition”) and a so-called “ vagueness prohibition”, which is somewhat similar to the principle of certainty . However, it is not necessary for the legislature to formulate criminal offenses in formal laws. There is also no prohibition of analogy; rather, analogy represents a common method of finding law in criminal law.

international law

The principle nulla poena sine lege is laid down in a large number of international treaties , such as Article 7 of the European Convention on Human Rights , Article 9 of the American Convention on Human Rights and Article 15 of the International Covenant on Civil and Political Rights . It should be noted that the legal source of international law is not only the (codified) international treaty law, but the (not codified) customary international law and the (also not codified) general legal principles are also an integral part of international law (cf. Art. 38 I lit a, b, c of the Statute of the International Court of Justice ). The core crimes of international criminal law ( genocide , crimes against humanity , war crimes and - at least in principle - the crime of aggression ) are part of the secured existence of customary international law .

The principle of nulla poena sine lege does not stand in the way of a conviction for committing a crime under international law, even if the respective national criminal law does not explicitly criminalize such acts. In the relevant human rights agreements this is clarified by the so-called Nuremberg clause (e.g. Art. 7 Paragraph 2 ECHR: “ This article does not exclude that someone is convicted or punished for an act or omission that is at the time of their Commission was punishable according to the general legal principles recognized by civilized peoples. ")

The German case law has come to similar results by applying the Radbruch formula : According to the Federal Constitutional Court, the prohibition of retroactive effects does not apply to acts that are only legal because of an “unbearably unjust” law. Laws that legalize breaches of international law are considered "intolerably unjust" laws.

The extent to which the convictions for waging a war of aggression against the main war criminals in the Nuremberg trial violated the prohibition of retrospective punishment is controversial in legal history . At the Tokyo trials , the Indian representative Radhabinod Pal u. a. on the basis of the “nulla poena sine lege” principle for acquittal of the accused. On the other hand, the international criminal law in force today is hardly subject to concerns with regard to the “nulla poena sine lege” principle (in the strict continental European sense), as it is now largely codified with the creation of the Rome Statute of the International Criminal Court . In the statute itself, the nullum crimen, nulla poena sine lege principle is anchored in Articles 22 and 23.

Other areas of law

The principle has now been extended to other areas of law and widely recognized, for example in tax law: nullum tributum sine lege .

See also

literature

  • Hans-Ludwig Schreiber : Law and Judges . Studies on the historical development of the sentence " nullum crimen, nulla poena sine lege ". Metzner, Frankfurt am Main 1976, ISBN 3-7875-5224-3 (also habilitation thesis at the University of Bonn 1971).
  • Markus Wissensner : The German special way to prohibit retroactive effects. Plea for the abandonment of an outdated dogma of denial . In: New legal weekly . Beck, 1997, ISSN  0341-1915 , p. 2298 ff .
  • Volker Krey : No punishment without a law: Einf. In d. History of dogma d. Sentence "nullum crimen, nulla poena sine lege" . Berlin [u. a.]: de Gruyter, 1983. ISBN 3-11-009750-8 .
  • Friedrich-Christian Schroeder: The Federal Court of Justice and the principle “nulla poena sine lege” . In: New legal weekly . No. 52 . Beck, 1999, ISSN  0341-1915 , p. 89-93 .
  • Ingo Bott / Paul Krell: The principle “nulla poena sine lege” in the light of constitutional decisions . In: Journal for Legal Studies . 2010, p. 694 ff . ( zjs-online.com [PDF]).
  • Hartmut Maurer : Rule of law procedural law . In: Peter Badura, Horst Dreier (eds.): Festschrift 50 years of the Federal Constitutional Court . Volume II: Clarification and further training of constitutional law . Mohr Siebeck, Tübingen 2001, ISBN 3-16-147627-1 , p. 471 ff .
  • Bernd Schünemann : Nulla poena sine lege ?: legal-theoretical and constitutional implications of the acquisition of justice in criminal law . Berlin [u. a.]: de Gruyter, 1978. ISBN 3-11-007591-1 .

Web links

Wiktionary: nulla poena sine lege  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ See Johannes Wessels / Werner Beulke , Criminal Law, General Part , 42nd edition 2012, p. 12, Rn. 44; Rudolf Rengier , Criminal Law, General Part , 4th edition 2012, p. 14, marginal no. 1 ff.
  2. ↑ a b c Cf. Rudolf Rengier , Criminal Law, General Part , 4th edition 2012, p. 14, marginal no. 4th
  3. ↑ a b c Paul Johann Anselm von Feuerbach : Textbook of the common embarrassing law applicable in Germany. Giessen, 1801. § 24 = p. 20, In: Deutsches Textarchiv , accessed on February 26, 2015.
  4. ↑ a b See Bernd von Heintschel-Heinegg , in: Beck'scher Online-Comment StGB, published by von Heintschel-Heinegg (BeckOK StGB), as of November 10, 2014, Edition: 25, § 1 Rn 1.
  5. ↑ Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 34.
  6. ↑ See Markus Dubber, Tatjana Hörnle: Criminal Law: A Comparative Approach , 2014, ISBN 0-19-958960-7 , pp. 73 ff.
  7. ↑ Gerhard Werle (Ed.): Völkerstrafrecht , 3rd edition, 2012, ISBN 978-3-16-151837-9 , paragraph 110.
  8. ↑ Jacques Cujas: Praestantissimi Operum Postumorum quae de iure reliquit, Tomus quartus: sive Codex Iustinianus, Id est, ad Codicem Justinianum & Lib. II. III. & iV. Decretalium Gregorii recitationes solemnes, Non solum emendatiores iis omnibus quae antea in lucem prodierunt, sed & longe auctiores, ut ex sequenti pagina constabit. Dionysii de la Noüe. 1617, p. col. 189D .
  9. ^ Sophronius Eusebius Hieronymus: Patrologiae cursus completus - sive bibliotheca universalis, integra, uniformis, commoda, oeconomica, omnium ss. patrum, doctorum scriptorum que ecclesiasticorum qui ab aevo apostolico ad usque Innocentii III tempora floruerunt (...) Series Latina, accurante J.-P. Migne, Patrologiae Tomus XXV. S. Eusebius Hieronymus. (...) Excudebat Migne (...) . PL 25, 1884, p. col. 22 .
  10. ^ Thomas Aquinas: Summa Theologiae. Yes q. LXXIX art. XII. resp.
  11. ↑ John of Damascus: Patrologiae cursus completus | sive bibliotheca universalis, integra, uniformis, commoda, oeconomica, omnium ss. patrum, doctorum scriptorum que ecclesiasticorum qui ab aevo apostolico ad tempora concilii tridentini pro latinis et cconcilii florentini pro graecis floruerunt (...) Series Graeca Prior, accurante J.-P. Migne, Patrologiae Graecae Tomus XCIV. S. Joannes Damascenus (…) Excudebat Migne . 1864, p. col. 1199 .
  12. ↑ Thomas Aquinas: Summa Theologiae Ia. q.LXXIX a.XIII. resp.
  13. ^ Francisco Suárez: Suárez, Opera Omnia. Editio nova, A DM André, Canonico Repullensi, (...) Thomus Quartus. Parisiis: Ludovicum Vivès, Tractatus Tertius. De bonitate et malitia humanorum actuum. Disputatio XII. Sectio II. 1865, p. n.1, 439 .
  14. ↑ Francisco Suárez: De bonitate et malitia humanorum actuum. Disputatio XII. sectio IV. S. n.729-35, 445 .
  15. ↑ Thomas Aquinas: Summa Theologiae Ia. q. XLVIII. Art. V. resp .
  16. ↑ Thomas Aquinas: Summa Theologiae Ia. q. XLVIII. Art. V. resp.
  17. ↑ Sebastian Simmert: Nulla poena sine lege. Etiam sine lege poena est conscientia. In: Legal Philosophy - Journal for Fundamentals of Law . tape 3/2016 . CH Beck, Munich, p. 283-304 .
  18. ↑ § 2 of the Criminal Code for the North German Confederation of 1870 .
  19. ↑ § 2 of the Criminal Code for the German Empire of 1871 .
  20. ↑ Article 116 of the Constitution of the German Reich of August 11, 1919 .
  21. ↑ Law amending the Criminal Code of June 28, 1935 .
  22. ↑ Juliette Lelieur, Peggy Pfützner, Sabine Volz: principle of legality - France . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 40 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research reports on criminal law).
  23. ↑ Juliette Lelieur, Peggy Pfützner, Sabine Volz: principle of legality - France . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 41 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research reports on criminal law).
  24. ↑ Juliette Lelieur, Peggy Pfützner, Sabine Volz: principle of legality - France . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 42 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research Reports on Criminal Law).
  25. ↑ a b c d Konstanze Jarvers: Principle of legality - Italy . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 55 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Criminal Law Research Reports).
  26. ↑ Federal Law Gazette No. 365/1931 .
  27. ↑ Cf. u. a. Claudia Kuretsidis-Haider in: Nazi Trials and the German Public - Occupation, Early Federal Republic and GDR (2012), p. 415; Claudia Kuretsidis-Haider “The people sit in court” (2006), p. 55 ff .; Malaniuk, textbook, p. 113 u. 385
  28. ↑ Ewa Weigend: Principle of legality - Poland . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 92 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Criminal Law Research Reports).
  29. ↑ Ewa Weigend: Principle of legality - Poland . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 93 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research reports on criminal law).
  30. ^ Teresa Manso Porto: Principle of legality - Spain . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 126 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research reports on criminal law).
  31. ^ Teresa Manso Porto: Principle of legality - Spain . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 127 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Criminal Law Research Reports).
  32. ^ Teresa Manso Porto: Principle of legality - Spain . In: Ulrich Sieber, Karin Cornils (Ed.): National criminal law in a comparative legal representation . General part. tape 2 : Principle of legality - international scope of criminal law - definition and systematisation of the offense. Duncker & Humblot, Berlin 2008, ISBN 978-3-428-12981-2 , pp. 128 (Series of publications by the Max Planck Institute for Foreign and International Criminal Law. Series S: Research reports on criminal law).
  33. ↑ a b See Markus Dubber, Tatjana Hornle: Criminal Law: A Comparative Approach , 2014, p. 73.
  34. ↑ BGBl. 1973 II p. 430, 521
  35. ↑ Robert Alexy: The decision of the Federal Constitutional Court on the killings on the inner-German border of October 24, 1996 . Hamburg 1997, ISBN 978-3-525-86293-3 , pp. 18th ff .
  36. ↑ Gerhard Werle (Ed.): Völkerstrafrecht , 3rd edition, 2012, ISBN 978-3-16-151837-9 , paragraph 25 ff.