Die Mordmerkmale im deutschen und kalifornischen Strafrecht

The German murder paragraph is in need of reform, that is certain. The thesis tries to show that it is not profitable to abandon all murder cirumstances. The special feature of the study is that the California Penal Code is consulted in order to determine a possible "core area of application" of the four murder characteristics examined (lying-in-wait, torture, financial gain and the otherwise base motive). Just like Germany, California law requires additional circumstances - so calles special circumstances - to justify the imposition of the maximum punishment. The realization of the most severe form of homicide - 1st degree murder - is not sufficient on its own. The special circumstances thus fulfill more or less the function of standard examples. The comparative view shows a surprising number of similarities in the classification of certain circumstances of intentional homicide as particularly punishable. Finally, the study comes to the conclusion that a core scope of application can be determined for each characteristic, but that a flexible penalty framework is needed. A possible reform should therefore focus on the legal consequences, but there is no need to abolish the murder circumstances.