Grundlagen einer tatproportionalen Strafzumessungslehre

The work deals with the normative foundations of sentencing dogmatics.
After the shortcomings of the conventional sentencing theories are pointed out (especially the ruling Spielraumtheorie), the work is devoted to the Theory of Proportionate Punishment (Tatproportionalitätstheorie). In dealing with the criticism practiced at the idea of proportionate punishment, this theory is established on the basis of the principle of legality and of the principle of culpability.
The consequences of this new approach are considered, in particular for the question that every consistent doctrine of proportionate punishment imposes itself, namely the problem of the consistent treatment of recidivism.