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Normstabilisierung und Schuldvorwurf

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Book Series: sui generis ISBN: 9783941159181 Year: Pages: 530 DOI: 10.24921/2018.94115919 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2018-04-17 11:01:55
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Abstract

This work examines the nature of criminal responsibility, and thereby the very heart of criminal law theory. The analysis exposes the relevance of criminal law and punishment for the stabilization of norms within society. This allows to determine the function of placing blame and of the principle of culpability. Thus, this thesis offers in-depth insights into the mechanism and elements of the attribution of individual responsibility. The main finding is that only culpability and the consideration of its elements, which are defined in this work, are capable of functionally determining punishment (i.e., in accordance with the necessity of punishment for the stabilization of norms).

Keywords

law --- criminal law --- recht

Steuergeldwäscherei in Bezug auf direkte Steuern

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ISBN: 9783941159075 Year: Pages: 352 DOI: 10.24921/2016.94115907 Language: German
Publisher: Carl Grossmann Verlag
Subject: Law
Added to DOAB on : 2017-09-05 11:02:12
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.

Der Strafkläger im Strafbefehls- und im abgekürzten Verfahren

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Book Series: sui generis ISBN: 9783941159334 Year: Pages: 204 DOI: 10.24921/2018.94115933 Language: German
Publisher: Carl Grossmann Verlag Grant: Swiss National Science Foundation (SNSF) - OAPEN-CH
Subject: Law
Added to DOAB on : 2019-09-11 11:21:02
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The present work provides an overview of the role that victims play as prosecutors, irrespective of material compensation interests in criminal proceedings. The party rights of the criminal prosecutor are treated in the same way as his position in the efficient penal and abbreviated procedures. In doing so, inconsistencies in the law are discussed, the previous case law on the criminal prosecutor critically questioned and the conflicting goals between injured party participation and procedural efficiency examined. The role of the criminal prosecutor in Swiss jurisprudence has so far only been examined selectively and always with regard to specific issues. For the first time, the author attempts to broach the issue of the criminal prosecutor as a litigant and to put it into context with the idea of ​​efficiency that characterizes criminal procedural law.

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