World law principle

According to the principle of universal law (also the principle of universality ) or the principle of universal law , national criminal law is also applicable to circumstances that have no specific domestic relationship, i.e. in which neither the crime scene is in Germany (so-called territoriality principle ) nor the perpetrator or victim has the nationality of the person concerned State (so-called personality principle ). However, it is necessary for this that the crime is directed against internationally protected legal interests . This applies in particular to offenses that are directly punishable under international law.

In German law, the principle of universal law is laid down in Section 6 of the Criminal Code ; This reads:
German criminal law continues to apply, regardless of the law of the crime scene, for the following offenses committed abroad:

1. (dropped out)

2. Nuclear energy, explosives and radiation crimes in the cases of Sections 307 and 308 Paragraphs 1 to 4, Section 309 Paragraph 2 and Section 310;

3. Attacks on air and sea traffic (Section 316c);

4. Trafficking in human beings (Section 232);

5. unauthorized distribution of narcotic drugs ;

6. Dissemination of pornographic writings in the cases of §§ 184a, 184b paragraph 1 and 2 and § 184c paragraph 1 and 2, in each case also in connection with § 184d paragraph 1 sentence 1;

7. Counterfeiting of money and securities (Sections 146, 151 and 152), forgery of payment cards with a guarantee function and forms for Euro checks (Section 152b Paragraphs 1 to 4) as well as their preparation (Sections 149, 151, 152 and 152b Paragraph 5 );

8. Subsidy Fraud (Section 264);

9. Acts that are to be prosecuted on the basis of an intergovernmental agreement that is binding for the Federal Republic of Germany even if they are committed abroad.

With regard to offenses under international criminal law ( genocide , crimes against humanity , war crimes ), Section 1 of the International Criminal Code allows the establishment of national criminal power according to the principle of universal law. However, this provision is flanked on a procedural level by § 153f StPO . While the principle of legality is laid down for the case of the presence or the expected presence of the suspect on German territory , the German legislature has only stipulated the principle of opportunity in the event of absence .

In private law a principle of universal jurisdiction has long been rarely discussed. In the meantime, however, there are increasing demands to recognize the world law principle in private law. This involves establishing a universal jurisdiction of national civil courts for claims for damages due to serious violations of international law and human rights, i.e. a domestic jurisdiction that requires no or only a minimal spatial, personal or factual reference to the domestic territory (so-called universal jurisdiction ).

literature

Theresa Wilhelmi: The world law principle in international private and criminal law . Peter Lang Verlag, Frankfurt / M. 2007, ISBN 978-3-631-57095-1 (also dissertation, University of Trier 2007).

Remarks

↑ Point 1 originally dealt with genocide . In the meantime, however, this point has been lifted, since genocide is now punished in the International Criminal Code (VStGB).

[1] Point 1 originally dealt with genocide . In the meantime, however, this point has been lifted, since genocide is now punished in the International Criminal Code (VStGB).