Legale Illegalität

The thesis suggests the scraping of §§ 113-114 StGB: the individual-protection granted is guaranteed through competing criminal provisions consistently; the granting of a diverging level of protection based on public welfare considerations is disproportionate. The norms do not withstand a review in accordance with the minimum requirements of the material crime concept. At this the author assumes the premiss that the norms serve both general-public- and individual-protection. He thus administers a proportionality test in such a way that the legal situation applicable is compared with the legal situation theoretically existing without consideration of §§ 113-114 StGB. In conclusion those prove to be necessary with regard to individual-protection only at a few points. So far as deviations exist the text substantiates, by dealing with controversial questions of the general teaching of criminal offence, that they are no adequate means to guarantee the general-public-protection intended.