Law of GermanyModule 7
Criminal law, procedure and sentencing: the structure of an offence, intent and negligence, defences and excuses, investigation, trial, evidence, penalties, appeals and cooperation
German criminal law is codified in the **Criminal Code** (*Strafgesetzbuch*, StGB, 1871, much amended), and the process is codified in the **Code of Criminal Procedure** (*Strafprozessordnung*, StPO). Its most distinctive feature is the **method**: every offence is analysed in three steps, **elements, unlawfulness and guilt**, in a sequence that makes the reasoning exact and testable. The process is **inquisitorial** in spirit: the court has a duty to find the truth itself, rather than simply to decide between two competing cases. Above all stands the constitutional principle that the penalty must respect **human dignity** and aim at the **resocialisation** of the offender. This module follows a case from the definition of the offence to its investigation, trial, penalty and appeal.
This course explains the law of Germany, not US law. Rules that look the same elsewhere may be different.
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See what is included in the Courses & AI Lab Pass →General education on German law, using invented people and businesses. It states constitutional provisions, codes and landmark decisions in simplified form, and it is not legal advice. The law changes and every case turns on its facts. Consult a lawyer qualified in Germany for any real matter.
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