Piraterie und Strafrecht

The dissertation examines legal questions in context with the criminal persecution of foreign pirates by German courts. Besides a detailed discussion of the term “piracy” under international law, the work analyses the question whether a criminal offence exists under German law that appropriately covers piratical behavior in the sense of international law. Due to the absence of a specific offence of piracy, the discussion is mainly focused on § 316c of the German Criminal Code. Furthermore, the question of applicability of German law in piracy cases is analysed. This part of the work is focused on the universality principle that is accepted for piracy under international law. Finally, the procedural part discusses legal issues that frequently arise during preliminary and main proceedings against foreign pirates.