The Seamy Side of Criminal Law

Abstract

Parts of the German jurisprudence is not only willing to become active in legal policy matters (as far as it is possible) but to work towards an expansion of the existing criminal law. This self-image can be illustrated by examples and a short overview of several publications. The article formulates an extensive critique. It complains in particular that the statements on criminal policy are based exclusively on an idealized criminal law, which distributes freedom and does nothing else. In contrast, the “real” criminal law, as was often shown by criminology, has countless problematic and undesirable characteristics. A criminal policy that sees itself as scientific must not ignore this.