Gefahr und Risikonachweis im Präventionsstrafrecht

Preventive criminal law has always been a subject of controversy in criminal law. Much of the discourse relates to the inpatient measure under Article 59 of the Swiss Criminal Code. This habilitation thesis shows how an undefined concept of danger and a fundamental trust in forensic risk assessments lower the threshold for preventive deprivation of liberty. This puts the principle of legality, the law of evidence, and equality before the law under enormous pressure. Based on human rights guidelines and empirical research on risk assessment, the author develops parameters for a specific concept of danger that balances interests. For the law of evidence, a control-based model for evidence-based examination of the admissibility and assessment of evidence is outlined. A book for anyone interested in preventive criminal law based on the rule of law.