Intelligente juristische Informationen
 Deutschland | 1-929-605-4013

CHAPTER I Introduction

Document Cited in Related
AuthorK. Neumann
ProfessionSir
Pages72

SECTION I - HISTORY OF THE GERMAN CRIMINAL LAW
1. The earliest known German law made no provision for the State administration of criminal justice. That remained the domain of tribal law, the injured party's family being empowered to deal with the wrongdoer. The Public administration of criminal justice did not become the rule till the 13th century, though in the Frankist kingdom there were some earlier rudimentary attempts at its introduction. The first authoritative code of criminal law was the Peinliche Gerichtsordnung Karl's V or Constitutio Criminalis Carolina, of 1532, drafted under the influence of the Italian glossators which became celebrated as one of the principal legislative enactments of German legal history, under the name Carolina.

The Carolina lays down that ' acting with intent ' is alone to be punished.

This includes attempts, and an attempt is defined. Complicity in an offence is also made punishable. The main strength however of the Carolina lies in its article 1 which binds the judge to adhere in principle to the written law, thus creating a better guarantee for legal security. For three centuries the Carolina was the basis of German criminal law.

In the 19th century, legal science played a great part in the development of criminal law. In his Bavarian Code, 1813, Anselm von Feuerbach set up a clear system and so sharply distinguished between different offences that his work became the model for German legislation. In 1851, the Bavarian Penal Code was followed by the Prussian Penal Code, which was greatly influenced by Napoleon's Code Penal. This was the basis of the German Criminal Code (Reichsstrafgesetzbuch) of 16 April, 1871.

A revision of the latter was undertaken in 1902, and in the course of subseque-t years six German drafts and one Austrian draft were drawn up, but the work of reform had not been concluded when the National Socialist German State arose in 1933.

2. The National Socialists...

Um weiterzulesen

FORDERN SIE IHR PROBEABO AN
Navigationsindex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT