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Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Der Strafkläger im Strafbefehls- und im abgekürzten Verfahren

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Book Series: sui generis ISBN: 9783941159334 Year: Pages: 204 DOI: 10.24921/2018.94115933 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-09-11 11:21:02
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The present work provides an overview of the role that victims play as prosecutors, irrespective of material compensation interests in criminal proceedings. The party rights of the criminal prosecutor are treated in the same way as his position in the efficient penal and abbreviated procedures. In doing so, inconsistencies in the law are discussed, the previous case law on the criminal prosecutor critically questioned and the conflicting goals between injured party participation and procedural efficiency examined. The role of the criminal prosecutor in Swiss jurisprudence has so far only been examined selectively and always with regard to specific issues. For the first time, the author attempts to broach the issue of the criminal prosecutor as a litigant and to put it into context with the idea of ​​efficiency that characterizes criminal procedural law.

Waffengleichheit im Vorverfahren

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Book Series: sui generis ISBN: 9783941159341 Year: Pages: 365 DOI: 10.24921/2019.94115935 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The concept of equality of arms is often used in the context of criminal proceedings but is rarely defined clearly. The present work is preparing to give the term an outline. It highlights the historical roots of this important structural principle and shows the goals of equality of arms. The work pays particular attention to the case law of the European Court of Human Rights (ECHR). In the decisive evidence procedure, this requires a procedural balance between the accused person on the one hand and law enforcement authorities on the other. To what extent does Swiss procedural reality - with its postponement of crucial procedural steps in the pre-litigation - meet this demand? Based on empirical data, it is shown that the institutional superiority of law enforcement agencies in the underregulated preliminary proceedings has the potential to objectively restrict the defendant's rights of defense. The author discusses how this problem can be dealt with in a holistic view of the Swiss criminal trial using various variants.  

Steuergeldwäscherei in Bezug auf direkte Steuern

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ISBN: 9783941159075 Year: Pages: 352 DOI: 10.24921/2016.94115907 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-09-05 11:02:12
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.

Die Praxis der bedingten Entlassung aus dem Strafvollzug

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Book Series: sui generis ISBN: 9783941159365 Year: Pages: 456 DOI: 10.24921/2019.94115937 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2020-02-12 11:21:04
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The decision on conditional release from prison (Art. 86 – 89 SCC) is one of the most important decisions in the Swiss criminal justice system. At stake are both the freedom of the convicted person, who is to be given a chance of reintegration by the conditional release, and the security of the general public, which must be protected against the commission of further criminal offences. Despite its significance for convicted persons and the society as a whole, the practice of conditional release is scarcely discussed in Swiss literature: What is the procedure for conditional release? How do the opinions of the parties involved in the procedure influence its outcome? How do the persons responsible for conditional release exercise the discretion left to them by the law? The clarification of these issues seems all the more important given that in recent decades the number of conditional release decisions has decreased and there are considerable cantonal differences. The focus of the dissertation is on the process of decision-making by the responsible authorities in Switzerland, in particular the implementation of the right to be heard, as well as the criteria which influence the decision on the conditional release of offenders. The research is based on a representative sample of 943 criminal files from the cantons of Berne, Fribourg, Lucerne and Vaud, which are evaluated using statistical methods (logistic regression). The results of the investigation show that the responsible authorities select only a few aspects from a large number of case characteristics that largely determine their decision-making process. The decision is strongly influenced by the residency status of the convicted person, his criminal record and the opinion of the prison authorities. The legal prognosis is therefore primarily based on static factors from the past, whereas dynamic factors which the convicted person or the involved actors could influence are more secondary. In addition, it emerges that the temporal and cantonal differences in the release rates do not relate to a differing prison population, as it most often assumed, but to a different way of implementing the law and appreciating the profile of prisoners – following a more restrictive or liberal understanding and practice of the release decision – depending on time and canton. The study shows as well that there is no uniform practice for the procedure: the use of risk assessment tools, the opinions of the prison management or the organisation of the right to be heard are extremely disparate and therefore the right of the sentenced person to an equal and fair trial is not guaranteed to the same extent everywhere. The work concludes with a legal classification of the findings as well as with criminal policy considerations and proposals for a more precise reformulation of Art. 86 SCC. These should contribute to a more harmonious and broader application across cantonal borders and therefore strengthen conditional release as an efficient instrument of crime prevention.

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