Criminal law
A criminal law is a law that orders a legal consequence from the area of criminal law . Such legal consequences are typically imprisonment , fines and side effects such as B. Driving bans , professional bans , confiscation and confiscation .
Germany
The main source of German criminal law is the Criminal Code (StGB) , but there are also norms from other areas of law, such as secondary criminal law . Since the legal consequences of the penal laws represent the strongest encroachments on basic civil rights , they are subject to the highest requirements with regard to their legality , in particular their certainty . Criminal laws are subject to the prohibition of analogy , the prohibition of ne bis in idem and the prohibition of retroactive effects, as well as the other basic judicial rights . The individual criminal laws stipulate a possible range of penalties, for example for fulfilling the criminal offense of fraud, Section 263 of the Criminal Code, a fine or a prison sentence of up to 5 years. The sentencing, d. H. the amount of the penalty in the individual case depends on the guilt of the perpetrator. The offender's relevant previous convictions, his motives, but also the way in which the offense was committed and any damage compensation that may have occurred after the offense must be taken into account.
In addition to the substantive criminal law, which defines criminal behavior and provides legal consequences for such behavior, the law of criminal procedure and the law of the penal system are important for the reaction of society to criminal offenses .
Austria
The main source of criminal law in the Republic of Austria is the Criminal Code (StGB) . It represents a complete re-codification of Austrian criminal law, was drawn up as part of the “Great Criminal Law Reform” under Christian Broda and has been in force since January 1st, 1975. It replaces the Austrian penal law that was valid until then, which was based on the penal law on crimes, offenses and transgressions valid from September 1, 1852 and which was announced again in the Republic of Austria in 1945 (StG 1945).
Web links
Individual evidence
- ^ Announcement of the State Office for Justice of November 3, 1945 on the republication of the Austrian Criminal Law (Austrian Criminal Law 1945, A. Coll. No. 2)
