Dr Benjamin Vogel
Exploring the principles of German criminal law
This 10-hour lecture introduces students to the substantive criminal law of Germany. The
focus lies on the criminal law’s general part; however, the course will also investigate the
constitutional limitations of the criminal law as well as provide an introduction into the
structure and methodology of the criminal law’s special part.
The lectures’ overreaching objective is to familiarise students with leading principles of
German law and demonstrate how these principles impact on the design and application of
the criminal law.
1. A first part will explain the meaning, philosophical underpinnings and practical impact
of principles that govern the criminal law. Participants will learn about individual autonomy and self-determination, the nullum-crimen-principle, proportionality and the principle
of guilt, as well as the doctrine of legally protected interests (“Rechtsgutslehre”).
Suggested reading: Weigend,in: Heller/Dubber (ed.), The Handbook of Comparative Criminal Law, 2011, pp. 254-258; Dubber, The Promise of German Criminal Law, in: German
Law Journal 2005, pp.1049 ff.; Hassemer, in: Simester/du Bois-Pedain/Neumann (ed.),
Liberal Criminal Theory 2014, pp. 187 ff.
2. The second part will give a brief overview over the content and structure of the German
criminal code and its history, and outline key elements of criminal law dogmatics, in particular the tripartite structure of offences (“Verbrechensaufbau”), forms of intent and negligence, criminal attempts, mistake and forms of participation. Brief consideration is also
given to German law’s two-tier concept of punishments on the one hand, and measures of
rehabilitation and incapacitation on the other, as well as to the law applicable to juveniles.
Suggested reading: Weigend, in: Heller/Dubber (ed.), The Handbook of Comparative
Criminal Law, 2011, pp.258-268; Krey, German Criminal Law, General Part, 2003, 103129.
3. The third lecture will demonstrate how, in German criminal law, criminal responsibility
is primarily founded on the idea of individual autonomy and self-determination. An analysis of German jurisprudence’s on questions of causation, justificatory consent, consented
endangerment, and self-defence will demonstrate the inherent conflict between the individual and society’s moral expectations, and show that German criminal law is overall
rejecting a moralising approach.
Suggested reading: Weigend,I n: Heller/Dubber (ed.), The Handbook of Comparative
Criminal Law, 2011, pp. 268-272; Bohlander, Principles of German Criminal Law 2009,
pp. 77-114..
4. The fourth part investigates the concept of guilt and how it serves both as an excusatory
element, and as guiding principle for criminal sentencing. The focus here is on the factors
that exclude or mitigate criminal responsibility, in particular insanity, mistake of law, and
duress. In addition, the lecture explains the impact of the guilt principle on German sentencing theory and practice, thereby also providing a brief overview on the law of sentencing.
Suggested reading: Weigend,in: Heller/Dubber (ed.), The Handbook of Comparative Criminal Law, 2011, pp. 272-276; Bohlander, Principles of German Criminal Law 2009, pp.
115-135.
5. The last lecture introduces students to the structure of the criminal code’s special part,
focusing on both the structuring function of legally protected interests and their relevance
for justifying the criminalisation of behaviour. To exemplify the latter aspect, the lecture
will elaborate on some recent and current legislative reforms and reformist debates, such
as euthanasia, child pornography, rape and murder.
Suggested Reading: Weigend, in: Heller/Dubber (ed.), The Handbook of Comparative
Criminal Law, 2011, pp. 276 ff.; du Bois-Pedain, Homicide, in: Horder (ed.), Homicide
Law in Comparative Perspective, 2007, pp. 55 ff.