Strafrecht in einer multikulturellen Gesellschaft

Culture – Religion – Criminal Law. Current discussions have raised more and more questions in our society whether cultural and religious beliefs should be drawn into consideration in criminal justice. But, is it allowed or even legally required to consider divergent beliefs and conceptions? Should there be a demand for action regarding criminal jurisdiction? This thesis investigates these questions on the basis of case studies, considering their judicial decisions as well as the point of view of legal policies and dogmas. It reviews much discussed topics like legal culpability regarding denied blood transfusion and surgeries based on religious beliefs, as well as more recent topics like Mohammed caricatures, forced marriages, honor killings, male circumcision and genital mutilation. In addition, criminal procedural aspects are also considered and discussed.