Poena naturalis

The term Poena naturalis comes from Latin (poena = punishment) and is a legal technical term . In specialist books and lectures, cases of negligent homicide are often cited as an example, such as the following: a person parks his vehicle on a sloping surface and unintentionally pulls the handbrake too weakly; the vehicle starts rolling and kills a close relative. The offender has suffered disadvantages as a result of the negligence committed by him , which act like a punishment.

The term Poena naturalis was used by Immanuel Kant in the Metaphysics of Morals and was differentiated from Poena forensis, which as a judicial punishment is not influenced by Poena naturalis. In today's discussion of the theories of punishment (purpose) , reference is made to Kant within the framework of the absolute theory of punishment and the term Poena naturalis continues to be used.

The poena naturalis does not change the guilt of the perpetrator, it has an impact on the punishment to be determined because of the criminal theories preferred today. In exceptional cases , according to German law according to § 153b StPO or § 60 StGB, a penalty can be waived, so that only the guilt is determined. Measures for improvement and security can be imposed. A poena naturalis can have an impact on the sentence under Section 46 of the Criminal Code.

Others

The German Criminal Code does not contain a legal definition of the concept of guilt.

In 2014, the German courts made use of poena naturalis in 302 cases; around 0.05 percent of all convictions. The low number is probably due to the fact that in far more relevant tragedies the public prosecutor's office, with the approval of the court, has already refrained from bringing public charges .

literature

Immanuel Kant : Metaphysics of Morals (First Part II.1.E) . 1798 ( [6] [accessed March 29, 2011]).

Footnotes

↑ [1] . Immanuel Kant's Complete Works: Th. Metaphysic der Sitten, in two parts, p. 180.
↑ [2] . Roxin, doctor, Tiedemann: Introduction to criminal law and criminal procedure law .
↑ [3] . Günther Jakobs : Criminal law, general part: the basics and attribution theory .
↑ [4] . Harro Otto : Basic course in criminal law: general criminal law .
↑ [5] . On the connection between § 60 StGB and Poena naturalis: Tonio Walter: Der Kern des Strafrechts , p. 206. See also termination of criminal proceedings .
↑ Heribert Prantl : The Tragedy of Arnstein (sueddeutsche.de October 18, 2017)

[1] [1] . Immanuel Kant's Complete Works: Th. Metaphysic der Sitten, in two parts, p. 180.

[2] [2] . Roxin, doctor, Tiedemann: Introduction to criminal law and criminal procedure law .

[3] [3] . Günther Jakobs : Criminal law, general part: the basics and attribution theory .

[4] [4] . Harro Otto : Basic course in criminal law: general criminal law .

[5] [5] . On the connection between § 60 StGB and Poena naturalis: Tonio Walter: Der Kern des Strafrechts , p. 206. See also termination of criminal proceedings .

[6] Heribert Prantl : The Tragedy of Arnstein (sueddeutsche.de October 18, 2017)