Die Europäisierung von Strafmilderungsgründen

The harmonisation of mitigation causes has so far often received only superficial attention. However, here, as well, divergent approaches are likely to disrupt judicial cooperation in Europe. The author therefore develops an abstract model showing in detail how mitigation causes can be harmonised in a binding manner under European law in order to create a European Minimum Standard in this respect. The consequences of such a binding interpretation are then illustrated on the basis of Article 16 of the Directive on Terrorism. Finally, the concrete effects of such binding interpretation are shown with regard to German, Italian, Spanish and French rewarding measures and the respective measures are compared with each other.