The German Criminal Code: A Modern English Translation (Studies in International and Comparative Criminal Law)

German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. (http://www.hartpub.co.uk/books/details.asp?isbn=9781841136301) www.hartpub.co.uk/books/details.asp?i... . German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions. This Book Presents A New English Translation Of The Strafgesetzbuch, (the Criminal Code), In Its Most Recent Amended Form Of August 2007. The Code Is The Centrepiece Of German Substantive Criminal Law And Informs The Interpretation And Application Of Any Other Criminal Provisions Which Can Be Found In Specific Legislation. The Translation Thus Affords An Opportunity To Profit From A Legal Tradition That Has Had A Major Influence Over History And Has A Rich Experience Of Doctrinal Analysis. The Translation Adheres As Closely As Possible To The Textual Structure Of The Original, But Has Been Made Palatable To An English Ear. It Is Intended As A Companion To The Author's Principles Of German Criminal Law Which Is Also Scheduled For Publication In 2008.--book Jacket. I. Ideological Approach -- Ii. Sources Of Criminal Law And Hierarchy Of Norms -- Iii. Principles Of Interpretation And The Role Of Precedent -- Iv. The Tripartite Structure Of Offences -- An Overview -- V. Verbrechen And Vergehen -- Vi. A Brief Overview Of The Development Of The Criminal Code -- Translations Of German Legislation Titles Referred To In The Criminal Code -- Translations Of German Public Authorities As Used In The Code -- The German Criminal Code. Translated By Michael Bohlander. Includes Bibliographical References. German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which is also scheduled for publication in 2008 Introduction -- Basic Concepts And Terminology : An Overview -- The Tatbestand, Part 1 -- The Tatbestand, Part 2 -- Justificatory Defences, Rechtfertigungsgrun̈de -- Guilt And Excusatory Defences -- Attempts -- Forms Of Participation : Principals, Aiders And Abettors -- Homicide Offences -- Sexual Offences -- Property Offences. Michael Bohlander. Includes Bibliographical References And Index. "The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles and their developments under the influence of academic writing and judicial decisions."--Jacket