@incollection{Albrecht2023, author = {Albrecht, Anna Helena}, title = {Compensation for wrongful convictions in Germany}, series = {Compensation for wrongful convictions: A comparative perspective}, booktitle = {Compensation for wrongful convictions: A comparative perspective}, editor = {Jasiński, Wojciech and Kremens, Karolina}, edition = {1st ed.}, publisher = {Routledge}, address = {London}, doi = {10.4324/9781003229414-3}, pages = {25 -- 51}, year = {2023}, abstract = {The chapter describes the German procedure for obtaining compensation for wrongful convictions. Besides specific cases of compensation for convictions based on subsequently repealed legislation and claims arising from general official liability, German law provides a mechanism for compensation, insofar as a conviction is eliminated or mitigated in a retrial in criminal proceedings. Still within this retrial, the criminal court is called upon to determine whether a claim exists for compensation of material and/or non-material damages on the merits. The amount of compensation is assessed in a judicial administrative procedure at the request of the person concerned. The compensation for non-material harm is calculated on the basis of a lump sum of currently €75 per day of imprisonment; the extent of material harm must be submitted and proven by the person concerned. She has the right to take legal action in the civil courts against the decision on the amount, she has the right to take legal action in the civil courts.}, language = {en} } @book{OPUS4-54529, title = {Culture and law}, editor = {Rohlfing-Dijoux, St{\´e}phanie and Hellmann, Uwe}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {978-3-8487-7731-0}, pages = {206}, year = {2022}, abstract = {Die Beantwortung der rechtlichen Fragen, die mit dem Lebensende zusammenh{\"a}ngen, unterliegt starken kulturellen und religi{\"o}sen Einfl{\"u}ssen. Zu ber{\"u}cksichtigen sind zudem medizinische, philosophische und historische Aspekte. Wegen der engen Verbindung von Recht und Kultur wurden L{\"a}nder mit unterschiedlichen kulturellen und religi{\"o}sen Hintergr{\"u}nden f{\"u}r eine vergleichende Studie zu Fragen des Lebensendes ausgew{\"a}hlt. In Frankreich, Deutschland und der Schweiz mit einem kontinentalen Rechtssystem, in Großbritannien mit einem common law System, in Indien und Japan {\"u}ben die verschiedenen Religionen und Kulturen einen wichtigen Einfluss auf die Modernisierung der einschl{\"a}gigen Rechtsvorschriften aus. Das Buch behandelt die j{\"u}ngsten Gesetzes{\"a}nderungen und die Entwicklungen in den in die Untersuchung einbezogenen L{\"a}nder.}, language = {en} } @article{Schneider, author = {Schneider, Angie}, title = {End-of-life and terminal carefor minors under German law}, series = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, journal = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {978-3-7489-2127-1}, pages = {79 -- 89}, language = {en} } @incollection{AlbrechtSchneider2022, author = {Albrecht, Anna Helena and Schneider, Anne}, title = {Between laissez-faire and literal regulation - The German approach to the implementation of the directives on defence rights}, series = {Effective protection of the rights of the accused in the EU directives: A computable approach to criminal procedure law}, booktitle = {Effective protection of the rights of the accused in the EU directives: A computable approach to criminal procedure law}, editor = {Contissa, Giuseppe and Lasagni, Giulia and Caianiello, Michele and Sartor, Giovanni}, publisher = {Brill}, address = {Leiden}, isbn = {978-90-04-51338-9}, doi = {10.1163/9789004513396_009}, pages = {114 -- 132}, year = {2022}, language = {en} } @article{Stam2018, author = {Stam, Fabian}, title = {Limiting fundamental rights in the enforcement of prison sentences in Germany in a nutshell}, series = {Les droits fondamentaux {\`a} l'{\´e}preuve de la prison : publication des actes de la premi{\`e}re {\´e}cole d'{\´e}t{\´e} tripartite entre les Universit{\´e}s de Naples Federico II, Paris Nanterre et Potsdam, 29 mai-1er juin 2017}, journal = {Les droits fondamentaux {\`a} l'{\´e}preuve de la prison : publication des actes de la premi{\`e}re {\´e}cole d'{\´e}t{\´e} tripartite entre les Universit{\´e}s de Naples Federico II, Paris Nanterre et Potsdam, 29 mai-1er juin 2017}, isbn = {978-88-13-36524-0}, pages = {97 -- 103}, year = {2018}, language = {en} } @article{Hellmann2022, author = {Hellmann, Uwe}, title = {The strengthening of patient autonomy in the case ofmedically assisted suicide by the Sth Criminal Senate ofthe BGH}, series = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, journal = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {978-3-8487-7731-0}, doi = {10.5771/9783748921271-135}, pages = {135 -- 142}, year = {2022}, language = {en} } @article{Li2020, author = {Li, Yao}, title = {Persecution in international criminal law and international refugee law}, series = {Zeitschrift f{\"u}r Internationale Strafrechtsdogmatik}, volume = {15}, journal = {Zeitschrift f{\"u}r Internationale Strafrechtsdogmatik}, number = {6}, publisher = {T. Rotsch}, address = {Gießen}, issn = {1863-6470}, pages = {300 -- 310}, year = {2020}, abstract = {The term "persecution" pertains to both international criminal law and refugee law. In light of the fact that displacement is often a result of large scale human rights deprivation, it seems likely that intersections and possibilities of cross-referencing exist. This paper analyses the correlation of persecution as an international crime and as the core element of the refugee definition. On the one hand, persecution is a crime against humanity pursuant to Art. 7 (1) (h) ICC Statute and is defined as "intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity" (Art. 7 [2] [g] ICC Statute). On the other hand, persecution is part of the refugee definition of Art. 1 A (2) Refugee Convention. Art. 1 A (2) Refugee Convention defines as a refugee a person who, "owing to well-founded fear of being persecuted […] is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country". In this paper, the term "persecution" is interpreted in both contexts in order to detect similarities and differences. It is argued that a refugee phenomenon implies the existence of the crime of persecution and that respective authorities should engage in cross-referencing and information exchange.}, language = {en} } @article{Mitsch1997, author = {Mitsch, Wolfgang}, title = {Euthanasia and modern German criminal law}, year = {1997}, language = {en} } @article{Lettl2022, author = {Lettl, Tobias}, title = {Patient decree and helpfor dying (Euthanasia) in German law}, series = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, journal = {Culture and law : multidisciplinary cross-fertilization of views on the end of life}, publisher = {Nomos}, address = {Baden-Baden}, isbn = {978-3-8487-7731-0}, pages = {48 -- 56}, year = {2022}, language = {en} } @incollection{GeissLi2024, author = {Geiß, Robin and Li, Yao}, title = {Article 44 1951 Convention/Article IX 1967 Protocol}, series = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1791 -- 1796}, year = {2024}, abstract = {This chapter examines the extent of the 1951 Convention's Article 44 and the 1967 Protocol's Article IX. It starts with identifying the standard denunciation clause in Article 44 and Article IX. Multilateral treaties of unlimited duration allow States parties an unconditional right to withdraw. A denunciation releases the denouncing party from any obligation further to perform the treaty in relation to the other parties of the 1967 Protocol. The chapter clarifies that denunciation or withdrawal expresses the same legal concept since it is a procedure initiated unilaterally by a State that wants to terminate its legal engagements under a treaty.}, language = {en} } @incollection{GeissLi2024, author = {Geiß, Robin and Li, Yao}, title = {Article 43 1951 Convention/Article VIII 1967 Protocol}, series = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1787 -- 1790}, year = {2024}, abstract = {This chapter tackles the analysis and function of Article 43 of the 1951 Convention and Article VIII of the 1967 Protocol. It explains that a multilateral treaty can be enforced when met with necessary conditions, such as the Article 24 of the Vienna Convention on the Law of Treaties (VCLT). The provision also regulates the 1951 Convention's entry into force of States' ratification or accession. The chapter notes that the 1967 Protocol entered into force after Sweden deposited its instrument of accession. It elaborates on the specific details needed for the ratification or accession prior to the entry into force.}, language = {en} } @incollection{GeissLi2024, author = {Geiß, Robin and Li, Yao}, title = {Article 46 1951 Convention/Article X 1967 Protocol}, series = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1813 -- 1818}, year = {2024}, abstract = {This chapter focuses on Article 46 of the 1951 Convention and Article X of the 1967 Protocol. It explains the depository of a treaty playing an essential procedural role in ensuring the smooth operation of a multilateral treaty. Article 46 enumerates the Secretary-General's function as a depositary performed by the Treaty Section of the Office of Legal Affairs in the United Nations Secretariat. Similarly, Article X confirms and details the Secretary-General's designation and role as depositary of the 1967 Protocol. The chapter mentions that the enumeration of Article X's depositary notification is exemplary instead of conclusive. It examines the depositoary notifications of declarations, signatures, and researvations under Article 46 and Article X.}, language = {en} } @incollection{GeissLi2024, author = {Geiß, Robin and Li, Yao}, title = {Testimonium 1951 Convention/Article XI 1967 Protocol}, series = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1819 -- 1824}, year = {2024}, abstract = {This chapter covers the function of Testimonium to the 1951 Convention and Article XI of the 1967 Protocol. It looks into the relevance of the 1951 Convetion's testimonium. The testimonium primarily focuses on the Convetion's authentic languages, regulation of deposition, and certified true copies being delivered to all members of the UN and non-member States. On the other hand, Article XI contains the standard procedures for regulating the deposition of a copy of the 1967 Protocol in the Secretariat of the United Nations and foreseeing the transmission of certified copies thereof by the Secretary general. The chapter mentions how both elements are not commonly explicitly indicated in modern treaties.}, language = {en} } @incollection{GeissLi2024, author = {Geiß, Robin and Li, Yao}, title = {Article 39 1951 Convention/Article V 1967 Protocol}, series = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 Protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1693 -- 1706}, year = {2024}, abstract = {This chapter looks into the 1951 Convention's Article 39 and the 1967 Protocol's Article V. In 2000, the Secretary-General identified the 1951 Convention as belonging to a core group of 25 multilateral treaties representative of the key objectives of the UN and the spirit of its Charter. Additionally, the rules found in the Vienna Convention on the Law of Treaties (VCLT) apply to the 1951 Convention as a matter of customary international law. On the other hand, the 1967 Protocol does not amend the 1951 Convention but binds its parties to observe the substantive provisions. The chapter cites that the 1967 Protocol constitutes an independent and complete international instrument that is open not only to the States parties to the 1951 Convention.}, language = {en} } @incollection{Li2024, author = {Li, Yao}, title = {Article 1 E 1951 Convention}, series = {The 1951 Convention relating to the status of refugees and its 1967 protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {669 -- 678}, year = {2024}, abstract = {This chapter elaborates on the function of Article 1 E of the 1951 Convention, which was originally aimed at German refugees. It refers to a special group of people who qualify for refugee status but enjoy the rights of national citizens despite their lack of formal citizenship. The article's object and purpose revolve around excluding persons from refugee protection who do not need any international protection since they have the status of national citizens. Additionally, access to refugee status is excluded ipso facto because the individual may resort to effective protection similar to that of citizenship upon being admitted to the country of sojourn. The chapter explains how Article 1 E is an integral part of the balanced system of international refugee protection prescribed by the Convention.}, language = {en} } @incollection{MarxLi2024, author = {Marx, Reinhard and Li, Yao}, title = {Article 34 1951 Convention}, series = {The 1951 Convention relating to the status of refugees and its 1967 protocol}, booktitle = {The 1951 Convention relating to the status of refugees and its 1967 protocol}, editor = {Zimmermann, Andreas and Terje, Einarsen}, edition = {Second edition}, publisher = {Oxford University Press}, address = {Oxford}, isbn = {978-0-19-285511-4}, doi = {10.1093/law/9780192855114.001.0001}, pages = {1585 -- 1604}, year = {2024}, abstract = {This chapter tackles the features and historical development of the 1951 Convention's Article 34. It explains the function of the provision, which primarily focuses on requesting Contracting States to facilitate the assimilation and naturalization of refugees. Moreover, the provision forms the legal bases for local integration and naturalization as some of the traditional durable solutions to refugeehood. The soft obligation imposed by Article 34 primarily focuses on the long-term solution by naturalization. The chapter then elaborates on the balance between local integration, naturalization, and voluntary return after it was disrupted due to the fall of the Iron Curtain in 1989.}, language = {en} }