Flüchtlingsschutz im deutschen Strafrecht

Refugees are often forced to enter their destination countries illegally in order to apply for asylum. This exposes them to the risk of criminal prosecution. The prohibition of criminalization under Article 31 of the Geneva Refugee Convention counters the criminalization of entry and residence and is the cornerstone of effective criminal law protection for refugees. There are various challenges and uncertainties in applying this provision in German law. This work offers possible solutions. It elaborates and clarifies the protective nature, the scope of the prohibition of punishment, and the fundamental significance of the Geneva Refugee Convention for the German and European legal systems.