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Instructors: Dr. Katrin Brettfeld
Event type:
Lecture
Displayed in timetable as:
Sanktionen
Hours per week:
2
Credits:
2,0
Language of instruction:
German
Min. | Max. participants:
- | -
Comments/contents:
In this course, the basics of theories of punishment and the legitimation of punishment will be discussed. Subsequently, various forms of sanctions under general criminal law will be discussed. These include the possibilities of the Code of Criminal Procedure to discontinue proceedings (§§ 153, 153a, 154, 154a Code of Criminal Procedure), the main penalties of imprisonment and fines, as well as warnings with the reservation of punishment. The second part of the event will focus on sentencing. After a brief overview of the sentencing process, the evaluation and weighting of circumstances relevant to sentencing and the determination of the statutory penalty range will be discussed in detail. Embedded in this will be conveyed what is to be taken into account in mitigating the penalty range according to § 49 StGB and the acceptance or rejection of less severe and particularly severe cases. The further procedure up to the determination of the concrete sanction is discussed on the basis of the "Schuldrahmentheorie" (BGH).
Literature:
Schäfer, G., Sander, G.M. & van Gemmeren, G. (2017). Praxis der Strafzumessung. München: Beck.
ONLINE-edition: Beck-online
Meier, B.-D. (2019). Strafrechtliche Sanktionen. Heidelberg: Springer.
ONLINE-edition: Springer-Link (via Campus-Katalog)
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