Die Zäsurwirkung strafrechtlicher Verurteilungen

If offense is continuously committed beyond a conviction, the prevailing opinion is that the conviction has a caesura effect. The caesura effect is intended to ensure that the part of the conduct committed after the conviction is a new offense, which can be punished. The Federal Constitutional Court of Germany in particular has expressed doubts about this caesura effect. Using the example of continuing offenses committed by omission that are committed beyond a conviction, the work examines the question of when punishment of post-conviction conduct in these cases is compatible with the principle of guilt and proportionality as well as the double jeopardy clause. Thereby attempts to restrict the caesura effect of the conviction are examined.