Gesetzgeber im Konflikt zwischen Rechtsstaatlichkeit und Terrorismusbekämpfung

The author analyses the concept of criminal liability according to para. 89a sec. 2a of the German Criminal Code. By this provision, the criminal liability of the preparation of a serious act of violent subversion is linked already to the departure from the Federal Republic of Germany. Hereby, the criminal liability is shifted further to preparatory status. Considering the constitutional concerns, the author examines the limits of pre-shifted criminal liability by preparatory and abstract strict liability torts. He fathoms the limits of pre-shifted criminal liability considering dogmatic and constitutional limits. The work offers a comprehensive, practice-oriented comment on para. 89a sec. 2a of the German Criminal Code. Furthermore, the author addresses general dogmatic investigative approaches, not only for practitioners, but for penal jurists and law students as well.