NK Neue Kriminalpolitik

The movement "The Last Generation" stages its climate protests as civil disobedience. In politics and law, there is a search for the appropriate way to deal with these phenomena. However, most of the issues raised here are not new, but were already...

Step-by-step legalization of Cannabis is imminent in Germany. But even then, prohibition of other psychotropic substances remains as a source of infinite personal damages and societal costs. Quite in the logic of sensible administrative law...

Restorative justice (RJ) has received only limited attention in Switzerland so far. Rudimentary legal regulations and a strongly diverging regional practice stand in the way of a comprehensive realization. However, new political initiatives have...

The Austrian RJ-procedure has its legal basis in the Criminal Procedural Law as a diversionary measure. The praxis as organised exclusively nationwide by the NGO NEUSTART is marked by a wide range of modes of handling cases. They are grounded in an...

This article provides a summary of recent European developments in restorative justice processes. While in Germany victim-offender mediation is the most prominent type of restorative justice, other countries increasingly use restorative approaches...

In Germany, victim-offender mediation and other restorative measures were introduced at all stages of the criminal justice system in the early 1980s. However, – as far as statistical data are available – the number of mediation cases remained...

By order of December 16th, 2021, the German Federal Constitutional Court challenged the legislature to take precautions, so that in case of scarce treatment resources in intensive care forcing medicals to make distribution decisions, nobody would be...

The existing safeguards against wrongful convictions in Germany are seen by many as ineffective. A central factor could be the unduly restricted way courts decide on applications for reopening a criminal case decided by final judgement. Therefore,...

A fierce and in part confusing dispute has erupted over the dogmatic and constitutional evaluation of Section 362 No. 5 of the Code of Criminal Procedure, which so far seems to have no prospect of being resolved. In the meantime, the higher courts...

The prosecution of alleged police misconduct is perceived as deficient in Germany, primarily because the subject of the proceedings and the management of the proceedings in the auxiliary officer model have aligned interests in the day-to-day conduct...

The law concerning the resumption of proceedings is criticised to be ineffective by practitioners. Still, regarding the resumption in favour of the convicted, the legislator does not seem to recognize any kind of need for reform. In recent time,...