Das ultima ratio-Prinzip im Strafrecht

Criminal law is a necessary component of modern societies. Nevertheless, since punishment is particularly intrusive, it should only be used as the ultima ratio of state intervention. Current criminal policy efforts run counter to this commitment. New and more punitive offenses are being introduced, as evidenced by §§ 113, 114 StGB. These tendencies can be countered with the argument of the ultima ratio principle, which calls for a moderate use of criminal law, especially when considering the disintegrative effects of punishment. It addresses both the legislature and the judiciary, which has a strong influence on the social impact of criminal law.