englischThe Lucerne dissertation offers a comprehensive analysis of the phenomenon of whistleblowing. The thesis examines the extent to which whistleblowing is worth protecting and how legitimisation could be achieved. A new legal definition is developed on the basis of selected attempts at [...]
more informationenglischWhy do the recipients of penalty orders refrain from appealing? What decision-making process do they go through in the process? For the first time, a paper provides answers to these and other questions surrounding the motives and thought processes behind the failure of sentencing order [...]
more informationenglischEven in criminal law, the negligence criterion is generally charged with legal practitioners’ judgments. This contradicts the principle of separation of powers and puts the legal practitioner in a legislator-like position. The thesis proposes a clearer distinction between factual ability and [...]
more informationenglischThe misuse of public funds is a serious problem not only in Germany but all over the world. Not a day goes by when the public does not learn of a scandal involving public corruption (in the broader sense, i.e., not limited to bribery). But is the existing criminal law sufficient to punish [...]
more informationenglischThe COVID-19 pandemic has presented significant challenges to the criminal justice process. This study uses the COVID-19 pandemic to illustrate how these can be addressed in the future. The difficulties encountered in detention cases during a pandemic are also presented. In addition to an [...]
more informationenglischThe thesis examines - particularly in view of the defence lawyer's increased responsibility for the trial - the effects of deficiencies in the defence on the criminal proceedings, especially on the person of the accused. The focus here is first of all on the elaboration of a discrepancy [...]
more informationenglischIn the field of law enforcement, insolvency law and criminal law collide in a problematic way. Building on the purpose of the execution of sentences, this dissertation illuminates the areas of conflict based on the diverging interests of the legal fields. In this context, a detailed [...]
more informationenglischWith the confiscation of assets of unclear origin in Section 76a (4) of the German Criminal Code, a whole new type of confiscation instrument was implemented in 2017. In order to overcome evidentiary problems, which typically arise in the case of serious offences from the area of organised [...]
more informationenglischTo help with the prosecution of criminal offenses related to the use of Bitcoin and other cryptocurrencies, it is possible to draw on publicly available data and analyze such data systematically. This is feasible because Bitcoin transaction data are essentially publicly available because of [...]
more informationenglischAfter pointing out the need for reform of the German criminal law on homicide, the author addresses the question of how §§ 211-213 StGB could be reformed on the factual and legal consequences side. On the legal consequences side, it is questionable whether the life sentence should be upheld [...]
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