Two lanes of criminal law

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Under Zweispurigkeit of criminal law (also dualistic legal consequence system ) are understood in German criminal law , the distinction between penalties and measures .

Demands for the introduction of measures were already loud during the German Empire and the Weimar Republic . Among other things, the criminal lawyer Franz von Liszt was one of the supporters. Despite various bills, however, it was not possible to agree on the creation of this second track. Only after the seizure of power by the Nazis was finally through the habitual criminal law ( RGBl. I 1933 S. 995) introduced a two-tier system of sanctions: According to § 42e Penal Code could now be against dangerous habitual criminals with the preventive detention order a legal consequence that is not punishment, but only the Protection of the population, i.e. prevention , served.

Penalties and measures are not mutually exclusive, but can also be imposed or ordered side by side (for example, a professional ban in addition to a custodial sentence ). According to Section 67 (1) of the Criminal Code , the execution of punishment and measure should take place in the order measure before punishment if the measure is placement in a psychiatric hospital or in a rehab facility (so-called vicarious system). If the purpose of the measure can be achieved with a different order, then this order of rules can be deviated from (even afterwards).

The offender-victim compensation ( § 46a StGB) is often viewed as a further trace, which is why one speaks of three-lane .

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