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oapen-20.500.12657-36910
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oapen-20.500.12657-369102021-03-25T18:56:19Z Der 'Gefährder' und das 'Gefährdungsrecht' Böhm, María Laura sociology of law criminal law prison regime basic right preventive detention bic Book Industry Communication::L Law bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAQ Law & society bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNF Criminal law & procedure bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNF Criminal law & procedure::LNFX Criminal procedure Endanger law ('Gefährdungsrecht') is a criminal law which is seeking security – and thereafter fighting ‘risks’ and ‘dangers’ – as its main objective and which is acting on the basis of risk patterns developed by this law itself. Individuals who fit these characteristics are being fought against as endangerers, that means, as high risky figures – and not as offenders. In this work it is presented this figure which has been constructed by the criminal policies and system in Germany during recent years, and has been co-constructed by the Constitutional Court in at least two cases: in the case of the acoustic home surveillance and in the case of the subsequent incapacitation order. Here is (critically) explained the internal logic and rationality which is leading this endanger law. 2020-04-15T02:31:33Z 2020-04-15T02:31:33Z 2011 book book http://library.oapen.org/handle/20.500.12657/36910 ger application/pdf n/a GSK15_boehm.pdf Universitätsverlag Göttingen 10.17875/gup2011-123 10.17875/gup2011-123 ffaff15c-73ed-45cd-8be1-56a881b51f62 open access
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OAPEN
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ger
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Endanger law ('Gefährdungsrecht') is a criminal law which is seeking security – and thereafter fighting ‘risks’ and ‘dangers’ – as its main objective and which is acting on the basis of risk patterns developed by this law itself. Individuals who fit these characteristics are being fought against as endangerers, that means, as high risky figures – and not as offenders. In this work it is presented this figure which has been constructed by the criminal policies and system in Germany during recent years, and has been co-constructed by the Constitutional Court in at least two cases: in the case of the acoustic home surveillance and in the case of the subsequent incapacitation order. Here is (critically) explained the internal logic and rationality which is leading this endanger law.
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| title |
GSK15_boehm.pdf
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| spellingShingle |
GSK15_boehm.pdf
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| title_short |
GSK15_boehm.pdf
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| title_full |
GSK15_boehm.pdf
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| title_fullStr |
GSK15_boehm.pdf
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| title_full_unstemmed |
GSK15_boehm.pdf
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| title_sort |
gsk15_boehm.pdf
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| publisher |
Universitätsverlag Göttingen
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| publishDate |
2020
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1771297490650267648
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