Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland

The article is devoted to the questions connected with classification of criminal actions in criminal codes of three states of Romano-Germanic legal family – Germany, Austria and Switzerland. The article notes that the classification of the criminal act originated in the French criminal law and has...

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Main Authors: Anna Serebrennikova, Alexander Trefilov
Format: Article
Language:English
Published: University of Latvia Press 2022-09-01
Series:Law: Journal of the University of Latvia
Subjects:
Online Access:https://journal.lu.lv/jull/article/view/190
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author Anna Serebrennikova
Alexander Trefilov
author_facet Anna Serebrennikova
Alexander Trefilov
author_sort Anna Serebrennikova
collection DOAJ
description The article is devoted to the questions connected with classification of criminal actions in criminal codes of three states of Romano-Germanic legal family – Germany, Austria and Switzerland. The article notes that the classification of the criminal act originated in the French criminal law and has been adopted in most of the countries belonging to the continental legal family. The Criminal Code of 1810 (Code Penal Imperial) secured a three-member structure of the criminal act: crime – délit – contravention. The German Criminal Code (RGSt) of 1871 divided all criminal acts, depending on their severity into three groups: crime (Verbrechen), offense (Vergehen) and violation (Übertretung). The two-member stricter of the criminal act is adopted in the current CC of Germany, Switzerland and Austria: crime and offense. The author analyzes the criminal legislation and the criminal and procedural legislation of the aforementioned countries with a particular focus on value of division of criminal actions on crimes and offenses for criminal and criminal procedural law of the respective countries.
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spelling doaj.art-1ed4b4206b9e4cd0b784441ca9adbd912022-12-22T04:32:53ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642022-09-018Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and SwitzerlandAnna Serebrennikova0Alexander Trefilov1Moscow State University n. a. Lomonosov Institute of Legislation and Comparative Law under the Government of the Russian Federation The article is devoted to the questions connected with classification of criminal actions in criminal codes of three states of Romano-Germanic legal family – Germany, Austria and Switzerland. The article notes that the classification of the criminal act originated in the French criminal law and has been adopted in most of the countries belonging to the continental legal family. The Criminal Code of 1810 (Code Penal Imperial) secured a three-member structure of the criminal act: crime – délit – contravention. The German Criminal Code (RGSt) of 1871 divided all criminal acts, depending on their severity into three groups: crime (Verbrechen), offense (Vergehen) and violation (Übertretung). The two-member stricter of the criminal act is adopted in the current CC of Germany, Switzerland and Austria: crime and offense. The author analyzes the criminal legislation and the criminal and procedural legislation of the aforementioned countries with a particular focus on value of division of criminal actions on crimes and offenses for criminal and criminal procedural law of the respective countries. https://journal.lu.lv/jull/article/view/190GermanyAustriaSwitzerlandcriminal lawcriminal codecriminal procedural law
spellingShingle Anna Serebrennikova
Alexander Trefilov
Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
Law: Journal of the University of Latvia
Germany
Austria
Switzerland
criminal law
criminal code
criminal procedural law
title Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
title_full Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
title_fullStr Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
title_full_unstemmed Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
title_short Classification of Criminal Оffenses according to the Сriminal and Сriminal Procedure Legislation of Germany, Austria, and Switzerland
title_sort classification of criminal оffenses according to the сriminal and сriminal procedure legislation of germany austria and switzerland
topic Germany
Austria
Switzerland
criminal law
criminal code
criminal procedural law
url https://journal.lu.lv/jull/article/view/190
work_keys_str_mv AT annaserebrennikova classificationofcriminaloffensesaccordingtothesriminalandsriminalprocedurelegislationofgermanyaustriaandswitzerland
AT alexandertrefilov classificationofcriminaloffensesaccordingtothesriminalandsriminalprocedurelegislationofgermanyaustriaandswitzerland