Vorfragenkompetenz und Bindung bei der Auslegung steuerrechtlicher Vorschriften

Under current German law a criminal court is allowed to sentence for tax evasion although the tax court denies the underlying fiscal claim. This consequence follows from the criminal courts’ competence to examine preliminary tax questions (Vorfragenkompetenz). The work analyses whether such contradictory decisions have to be avoided for constitutional reasons. Based on a comprehensive analysis of the current legal situation including related fields of law the work establishes that the criminal courts’ competence to examine preliminary tax questions is unconstitutional; this result is followed by viable reform proposals. The investigation is concluded by an excursus regarding the legal situation in civil, administrative and social court proceedings.