Research Projects, Department of Criminal Law

130 Results
  1. Criminal Law (Prof. Sieber), Completed

    Re­think­ing Money Laun­der­ing and Fin­an­cial In­vest­ig­a­tions

    Project Lead: Prof. Dr. Dr. h.c. mult. Ulrich Sieber, Dr. Benjamin Vogel LL.M., Dr. Jean-Baptiste Maillart

    While Anti-Money Laundering instruments are ever increasing in scope and complexity, policymakers have often lost sight of the objectives pursued. As a consequence, legislation is, in many cases, shaped by unrealistic political expectations and inconsistent design. Against this backdrop, this book explains key deficiencies of existing law and develops policy proposals to enhance both effectivenes…

  2. Criminal Law (Prof. Sieber), Collaborative project, Completed

    The Lim­its of Crim­in­al Law

    Project Lead: Dr. Benjamin Vogel LL.M., Dr. Matthew Dyson (Universität Oxford), Prof. Dr. Dr. h.c. mult. Ulrich Sieber

    The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law’s normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terr…

  3. Criminal Law (Prof. Sieber), Research project, Referatsprojekt, Completed

    Project Lead: Jan-Michael Simon

  4. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Re­fer­ral Prac­tice of Cases from In­ter­na­tion­al to Na­tion­al Justice Mech­an­isms

    Project Lead: Dr. Jennifer Schuetze-Reymann

    A crucial component of the UN Security Council Completion Strategy, the ICTY and ICTR referral practice to national courts concretely illustrates various legal challenges that arise from pluralistic accountability mechanisms. By analyzing legal problems highlighted by this practice, identifying possible root causes, and formulating potential solutions that may also be relevant for the ICC, this p…

  5. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    An In­ter­na­tion­al Com­par­at­ive Study of Com­puter Crime Laws

    Project Lead: Ulrich Sieber

    As part of this project, existing laws on computer offenses will be examined in comparative fashion. The goal is to identify the current state of international and national computer crime legislation, examine best practices and alternative strategies, and clarify issues of legal harmonization.

  6. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Re­think­ing European Crim­in­al Justice

    Project Lead: Ulrich Sieber

    The central challenge in creating a European Area of Freedom, Security and Justice is the co-ordination of the different European criminal justice systems. This is necessary because criminals operating internationally cannot be prosecuted successfully using national criminal justice systems the validity of whose decisions is territorially limited. Instead a co-ordinated prosecution system with ju…

  7. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    European Crim­in­al De­fense

    Project Lead: Jörg Arnold

    While European prosecution has expanded, the right to defense has not received sufficient attention. Hence, this study analyzes various possibilities of providing for an aggregate balance in criminal proceedings through the creation of a "European" criminal defense and suggests original approaches for the solution of these problems.

  8. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    Mon­et­ized Justice

    Project Lead: Prof. Dr. Patricia Faraldo Cabana

    Monetary penalties and compensations are ubiquitous. They outnumber all other sanctions delivered by criminal justice in many European countries. In a monetized society, in which money is increasingly available and all objects can be exchanged for money, fines take on new meanings, which will be investigated in the context of this project. It will be taken into account that the fine is the only t…

  9. Criminal Law (Prof. Sieber), Research project, Referatsprojekt, Completed

    Pos­sib­il­it­ies and Lim­its of the Crim­in­al Law against Phar­ma­ceut­ic­al Coun­ter­feit­ing

    Project Lead: Hans-Georg Koch

    Counterfeit medications threaten the life and health of their users. Thus, their importance far exceeds the damage they, as pirated copies, cause the original producers. This comparative law project studies the various methods by which affected countries seek to protect the pharmaceutical sector from counterfeit products and how they counter offenses committed by increasingly internationally-oper…

  10. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Lim­its of Crim­in­al Law in Ter­ror­ism Le­gis­la­tion

    Project Lead: Prof. Dr. Dr. h.c. mult. Ulrich Sieber

    In many Western countries, the unprecedented global terrorism has led to an extensive expansion of the criminal law dealing with remote forms of risk, a development that poses new questions about the constitutional limits of criminal law. This project analyzes and compares the criteria currently discussed in Germany and England to limit the scope of criminal law in relation to anti-terror legisla…

  11. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    In­ter­na­tion­al Ar­rest War­rants in On­go­ing Con­flicts

    Project Lead: Dr. Mayeul Hiéramente

    The project analyzes the factual and legal implications of international arrest warrants issued during ongoing hostilities. It points out the potential conflicts between the various international obligations of external actors, especially the ICC, and attempts to reconcile these conflicts with the goals of criminal prosecution. Finally, the possibility of the reception of this norm conflict withi…

  12. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Re­tali­ation-Me­di­ation-Pun­ish­ment

    Project Lead: Pablo Galain Palermo, Jan-Michael Simon

    The project examines the limits of criminal law with respect to its identity-defining function and its ability to direct the course of society. Findings regarding this function of punishment can already be read in E. Durkheim’s work; however, there has been a lack of studies specifically focused on national criminal law up until now. This research gap needs to be closed, especially in light of an…

  13. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Counter-Ter­ror­ism Le­gis­la­tion: Bal­an­cing Se­cur­ity and Liberty in Ger­many and China

    Project Lead: Zunyou Zhou

    Against the background of the global campaign against terror, anti-terror legislation in Germany and China ignites considerable debate over the relationship between public security and individual freedom. The project reviews the latest developments in German and Chinese anti-terrorism legislation and studies how the legislation is implemented. The aim of the project is to explain whether and to w…

  14. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Gen­er­al Leg­al Prin­ciples of In­ter­na­tion­al Crim­in­al Law on the Crim­in­al Li­ab­il­ity of Lead­ers of Crim­in­al Groups and Net­works

    Project Lead: Jan-Michael Simon, Ulrich Sieber, Hans-Georg Koch

    The leaders of organized offender groups and networks usually act in the background, avoiding any direct participation in criminal activities. This project examines how 43 legal systems handle the accountability and evidentiary problems that typically arise in such cases. In the process, new methodological approaches to comparative criminal law are tested. The goal is to support the development i…

  15. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Sea Pir­acy Pro­ject

    Project Lead: Anna Petrig LL.M. (Harvard)

  16. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    Lim­its of the Pro­hib­i­tion Against Tor­ture

    Project Lead: Dr. Linus Sonderegger

    The fight against terrorism and society's need for security know no bounds, not even the prohibition against torture. This study analyzes the actual manifestations of torture and explains where, in a rule-of-law democracy, the limits on the use of force are drawn and whether these limits need to be readjusted in extreme situations.

  17. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Deal­ing with Dan­ger­ous, Crim­in­ally Re­spons­ible (Re­peat) Of­fend­ers

    Project Lead: Hans-Georg Koch

    Criminal offenders who are very likely to commit serious crimes after serving their punishments constitute a great risk, a threat from which the general public expects to be protected. In a comparative legal study, we addressed the following issues based on an analysis of some 15 legal systems: What special liberty-infringing legal consequences can be imposed on what group of offenders under what…

  18. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Hand­book of European Crim­in­al Law

    Project Lead: Ulrich Sieber, † Franz-Hermann Brüner European Anti-Fraud Office (OLAF), Prof. Dr. Bernd von Heintschel-Heinegg (Rechtsanwalt Universität Regensburg), Prof. Dr. Helmut Satzger (Universität München), Dr. Harald Weiß (Rechtsanwalt Brüssel)

    The European Union and the Council of Europe meet the new challenges of globalization with rules that strongly influence national criminal law, criminal procedure, and mutual legal assistance in criminal matters. This has led to a confusing body of regulations that has in many cases become inscrutable for lawyers. Hence, the goal of the project is a systematization and presentation of European an…

  19. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Crim­in­al Law and Gacaca

    Project Lead: Nandor Knust

    Systematic, mass violence can be addressed by means of procedures with differing legal forms, including procedures of a national, non-national, or mixed national and non-national nature. This research project examines how the procedures of the UN Rwanda Criminal Court, the Rwandan criminal justice system, and the neo-traditional Gacaca deal with the mass violence experienced in Rwanda and clarifi…

  20. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    EuroN­EEDS

    Project Lead: Dr. Marianne Wade LL.B.

    In view of current events, the intended legal basis for a European Public Prosecutor as foreseen by the Lisbon Treaty in particular, this project aims to establish the factual needs of practitioners in investigating and prosecuting crimes against the EU's interests and transnational crime facilitated by the EU. To this end, the study examines these in 18 EU member states and candidate countries. …

  21. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Crim­in­al Law in Re­ac­tion to State Crime

    Project Lead: Albin Eser, Ulrich Sieber, Jörg Arnold

    This project studies the functions and limits of criminal law in the processes of replacing pre-democratic political systems and of coming to terms with the wrongdoing of the old system in transitional or transformation societies. In the final analysis, there is no "best way" of employing the criminal law to deal with the past following political system change. Each individual country’s approach …

  22. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Crim­in­al Copy­right In­fringe­ment Law and its Func­tion­al Al­tern­at­ives for the Pro­tec­tion of Di­git­al Works

    Project Lead: Dr. Chiara Santangelo, Dr. Chiara Santangelo, Dr. Chiara Santangelo

    Against the background of the global spread of product and services piracy in the information society, this project analyzes the question of whether, given the newness and complexity of the problems posed, legal instruments that are more flexible are necessary in order to ensure the continued protection of digital goods. Both criminal copyright law as well as other existing legal and extra-legal …

  23. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Pre­vent­ive De­ten­tion as an In­stru­ment of Coun­terter­ror­ism

    Project Lead: Dr. Tim Nikolas Müller LL.M. Eur., M.Jur. (Oxford)

    In a multitude of legal systems, options for the preventive detention of terror suspects (so-called endangerers) have been expanded or introduced as a reaction to recent terrorist attacks. This study analyzes the existing legal bases in Germany for preventive detention in this context and identifies the limits that the Basic Law and the European Convention on Human Rights impose on the developmen…

  24. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    Sov­er­eignty and Crim­in­al Law: The Dual Crimin­al­ity Re­quire­ment in In­ter­na­tion­al Mu­tu­al Leg­al As­sist­ance in Crim­in­al Mat­ters

    Project Lead: Dr. Nadja Capus

    Since its beginnings in the 19th century, interstate legal assistance has undergone constant change, a development that accelerated tremendously after World War II, especially in Europe. In the course of these changes, many traditional principles of mutual legal assistance have been abolished, among them the dual criminality requirement. The aim of this project, funded by a Marie Curie Fellowshi…

  25. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    In­ter­na­tion­al­iz­a­tion of Crim­in­al Law by the United Na­tions Se­cur­ity Coun­cil

    Project Lead: Dr. Julia Macke

    Since the attacks of September 11, 2001, the war on terror has accelerated the internationalization of criminal law. A new actor in this process is the United Nations Security Council, which, to an increasing extent, shapes national criminal law through legally binding resolutions. This study seeks to clarify whether the Council, a (highly) political, unrepresentative body with no democratic legi…

  26. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Par­ti­cip­a­tion in a Crim­in­al As­so­ci­ation and Con­spir­acy

    Project Lead: Dr. Almir Maljević LL.M.

    Criminal collectives displaying different structures of association pose serious challenges to traditional criminal law. Responses to some of these challenges can be found in the traditional models of conspiracy and participation in a criminal association. The goal of this project is to identify similarities and differences between the two models, explain how the two approaches are combined in in…

  27. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Re­spons­ib­il­ity and Sanc­tion­ing of Cor­por­a­tions: The Role of Com­pli­ance Meas­ures

    Project Lead: Marc Engelhart

    Cases such as the bribery scandal at Siemens pose the question of the sanctioning of corporations and the necessity of in-house measures for the prevention of criminal activity. This study analyzes the German and US-American law of corporate sanctions, paying special attention to new forms of "regulated self-regulation" (especially the so-called compliance measures). Proposals for the reform of t…

  28. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Re­strict­ing Per­son­al Liberty by means of Ter­ror­ism Le­gis­la­tion in the United King­dom

    Project Lead: Dr. Susanne Forster LL.M.

    As a consequence of the recent terrorist attacks, an increase in the severity of the anti-terror statutes is being discussed in Germany. What is being considered in this country is already, to a certain extent, law in the United Kingdom. This study provides an overview and analysis of British legislation, focusing on the measures that illustrate the ubiquitous conflict between freedom and securit…

  29. Criminal Law (Prof. Sieber), Research project, Referatsprojekt, Completed

    Pro­tect­ing Na­tions against Il­leg­al Con­tent in the In­ter­net by means of Block­ing Or­ders

    Project Lead: Ulrich Sieber, Malaika Nolde LL.M.

    Nation-states counter illegal content in the Internet not only by expanding the extraterritorial application of their criminal law but also by attempting to insulate the Net from illegal foreign content. The project demonstrates that this type of blocking order as applied to access providers in a country’s own territory prevents citizens from accessing illegal content in the Internet only to a li…

  30. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Scope and Lim­its of An­onym­ity in the In­ter­net

    Project Lead: Dr. Phillip Brunst

    This project examines the legal and technical aspects of anonymous communication in the Internet, including the re-identification of seemingly anonymous users. In pursuing these issues, it shares the Institute’s research focus on the functional and territorial limits of criminal law. The project thereby contributes to the current discussion in data security law regarding the "right to anonymity."

  31. Criminal Law (Prof. Sieber), Expert Opinion, Referatsprojekt, Completed

    Cy­berter­ror­ism and Har­mon­iz­a­tion of Crim­in­al Pro­sec­u­tion

    Project Lead: Ulrich Sieber, Dr. Phillip Brunst

    Imminent terrorist attacks via the Internet are frequently entitled "Electronic Pearl Harbor" or "Digital Waterloo." Until now, however, very few if any actual attacks have been registered. On behalf of the Council of Europe, this project examines both the opportunities and options that the Internet in fact offers terrorists as well as the currently existing international legal instruments for fi…

  32. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Or­gan­ized Crime in French Crim­in­al Pro­ced­ure

    Project Lead: Dr. Peggy Pfützner LL.M.

    In 2004, the French legislature broke new ground in the fight against organized crime with the passage of "Loi Perben II." As part of the newly introduced procedures, organized crime is defined for the first time by means of an offense catalog, and special judicial panels and investigative measures have been introduced. The project shows how the fight against organized crime led to the introducti…

  33. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Les chemins de l'har­mon­isa­tion pénale

    Project Lead: Prof. Dr. Mireille Delmas-Marty (Paris), Prof. Dr. Mark Pieth (Basel), Ulrich Sieber

    Globalization leads to increasing harmonization of national criminal law systems. This development takes different paths in the various areas of law. To research these processes, this joint international project involving 13 researchers examines for the first time the actors, forces, processes, and models of international harmonization of criminal law in order to formulate theories based on a det…

  34. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Wide­spread and Petty Crime and the Itali­an Justice of the Peace

    Project Lead: Konstanze Jarvers

    To cope with widespread and petty crime in Italy, some of these offenses have been transferred to the jurisdiction of the justice of the peace (giudice di pace). This alternative justice system - which is marked by lenience and efficiency and by greater opportunities for victim participation - is thus put to the test. This study comes to the conclusion that the Italian reform, despite some shortc…

  35. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Im­ple­ment­a­tion of the Frame­work De­cision on the European Ar­rest War­rant in the Mem­ber States of the European Uni­on

    Project Lead: Ulrich Sieber, Dr. Peggy Pfützner LL.M.

    Organized by the T.M.C. Asser Instituut, this project analyzed in collaboration with the Max Planck Institute the implementation of the EU Framework Decision on the European arrest warrant in all Member States of the EU. The Max Planck Institute prepared the German country report and thereby had early access to the entire database, which was subsequently published as an electronic information sys…

  36. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Crim­in­al Pro­ced­ure in Europe

    Project Lead: Dr. Barbara Huber, Dr. Richard K. Vogler

    The application of traditional criminal procedure is limited to national territory. In the prosecution of transnational crime, serious practical problems emerge due to this limitation. This English-language study offers both practitioners and scholars of comparative criminal law an up-to-date and clear presentation of the law of criminal procedure in a representative selection of EU Member States.

  37. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    On­line Auc­tion Fraud

    Project Lead: Dr. Andreas Dingler

    The transformation of traditional auctions to online auctions is a prototypical demonstration of the changes to classic offense forms wrought under the auspices of the global network. This project analyzes the newly emerged forms of crime and the reasons – which lie primarily in the anonymity of the Internet – behind the changes and increases in risk. It also demonstrates that the new offense for…

  38. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    In­ter­na­tion­al Crim­in­al Law in Ro­mania

    Project Lead: Johanna Rinceanu

    International criminal law has developed to differing extents in the various countries of the world on account of national-historical and political events. In this process, there is a close, actio-reactio connection between these events, the influence of individuals in a particular country, and the evolution of that country’s international criminal law. The study analyzes Romania's past and prese…

  39. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    The Status of Ex­tracor­por­eal Em­bry­os

    Project Lead: Albin Eser, Hans-Georg Koch

    This interdisciplinary, cooperative comparative law project examines the extent to which legal systems with differing socio-cultural backgrounds provide (criminal) law protection to in vitro embryos and what (controlled?) freedoms they grant to the practice of reproductive medicine and research on embryos. Possibilities and limits of international consensus-building are presented and approaches f…

  40. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    The Role of Hon­or in Crim­in­al Law

    Project Lead: Silvia Tellenbach

    In times of advancing globalization, people with varying concepts of honor encounter one another more and more frequently. In light of this, the project examines the significance of honor in various aspects of criminal law on the basis of reports from 14 selected countries. A cross-sectional report draws conclusions. It can be shown, for example, that there are clear differences among the crimina…

  41. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Völker­recht­liche Ex­em­tion­en

    Project Lead: Dr. Helmut Kreicker

    Project description only available in German.

  42. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Na­tion­al Pro­sec­u­tion of In­ter­na­tion­al Crimes

    Project Lead: Albin Eser, Dr. Helmut Kreicker, Ulrich Sieber

    The comparative project focused on the questions how and by which means the criminal laws of different states provide or allow for the punishment of international crimes by their own domestic courts, which deficts exist in comparison to applicable international law (and obligations to prosecute established by it) concerning such national jurisdiction, and which reforms have been carried out or ar…

  43. Criminology, Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Stra­frecht­s­re­for­men in Mexiko

    Project Lead: Jan-Michael Simon, Hans-Jörg Albrecht, Alvaro Vizcainos, Dr. Gerardo Laveaga, Ulrich Sieber

    Project description only available in German.

  44. Criminal Law (Prof. Sieber), Research project, Referatsprojekt, Completed

    Ex­tra­ter­rit­ori­al Pro­sec­u­tion of Cy­ber­crime

    Project Lead: Ulrich Sieber, Prof. Dr. Bert-Jaap Koops (Universität Tilburg)

    Cybercrime is a prototype of transnational crime. Hence, legislative responses to offenses in global data networks demonstrate quite clearly the attempts of nation states to overcome national boundaries through extraterritorial expansion of criminal law. This project reveals the limits of this approach: it is successful only in limited areas and specific cases and does not lead to a generally app…

  45. Criminal Law (Prof. Sieber), Research project, Referatsprojekt, Completed

    Cueno

    Project Lead: Dr. Phillip Brunst

    Project description only available in German.

  46. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    NS-Gedanken­gut und Stra­frecht

    Project Lead: Clivia von Dewitz

    Project description only available in German.

  47. Criminal Law (Prof. Sieber), Research project, Departmental project, Completed

    Wieder­gut­machung im Stra­frecht

    Project Lead: Susanne Walther

    Project description only available in German.

  48. Criminology, Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Project Lead: Prof. Dr. Günter Heine

  49. Criminal Law (Prof. Sieber), Research project, Departmental project, Completed

    Stra­frecht­sentwicklung in Europa

    Project Lead: Dr. Barbara Huber

    Project description only available in German.

  50. Criminology, Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Ap­plic­a­tion and Ef­fi­ciency of the Ger­man Crim­in­al Ap­peals Pro­cess in Light of In­ter­na­tion­al Stand­ards

    Project Lead: Prof. Dr. Jörg Kinzig, Dr. Monika Becker

    This research project is an expert's report on criminal appeals on behalf of the German Federal Ministry of Justice. It aims to show the practice and efficiency of the German system in comparison to other legal systems throughout the world. The political background are numerous reform projects by the Bundesrat, the House of the Federal States, and the Bundestag, the House of Parliament, as well a…