Prof. Dr. Karsten Gaede

Prof. Dr. Karsten Gaede

University Professor

Of Counsel

  • Holds the Chair for German, European and International Criminal Law and Criminal Procedural Law, including Medical and Commercial Criminal Law and Penal Tax Law at the Bucerius Law School in Hamburg
  • Editor of the Journal and Database HRRS/hrr-strafrecht.de
  • Member of the Association of Criminal Law Teacher (Strafrechtslehrervereinigung) and the Association of Medical Law Teachers (Vereinigung der Medizinrechtslehrer)
  • Member of WisteV
  • Expert Consultant to the Legal Affairs Committee of the German Parliament (Criminal Corruption Law and Criminal Procedural Law)
  • Managing Editor of the “Journal for Medical Criminal Law“ (Zeitschrift für Medizinstrafrecht – medstra)
  • Member of the Advisory Board of the Journal “The Criminal Defene Lawyer“ (Der Strafverteidiger – StV)
  • Liaison Professor of the German Academic Scholarship Foundation
  • Member of the German-Japanese Lawyers Association and the German-Taiwanese Lawyers Association
  • Was offered a professorship at Humboldt University in Berlin in 2016 (declined)
  • Regularly gives Lectures in Medical and Commercial Criminal Law, Penal Tax Law and Criminal Procedural Law

Important Publications

  • Fairness as Participation – The Right to direct and effective participation by defense according to Art. 6 ECHR (2007), doctoral thesis, awarded with the Annaul Award of the University of Zurich
  • Limited Accessory Medical Criminal Law instead of Hypothetical Consent (2014)
  • Commentary of the Sections concerning Fraud and the Principle of Legality in Leipold/Tsamibikakis/Zöller (eds.), A Lawyers Commentary to the German Criminal Code, 2nd ed. 2014
  • In Dubio pro Libertate (2015), co-editor of the Commemorative Publication for Manfred Seebode
  • Tax-Fraud (2016)
  • Commentary of Criminal Corruption Law (Secs. 11, 299, 299a,299b, 300-302, 331-338 CC) in Leitner/Rosenau (eds.): Nomos Commentary Commercial Criminal and Penal Tax Law, 2016
Publications

I. Monographs and Editorships

Fairness as Participation – The Right to direct and effective participation by defence according to Art. 6 ECHR

A contribution to the dogmatics of the fair trial in European Criminal Law Proceedings and the efficiency-led interpretation of European Conventions in light of the Right to a Defence Lawyer. Doctoral Thesis Zurich, Fall Semester 2005/2006. Duncker & Humblot, 992 pages, Berlin 2007.

Accepted to the Series “Criminal Law Treatises” (Strafrechtliche Abhandlungen N.F.), published in collaboration with the German Criminal Law Teachers, Vol. 185. Awarded the Annual Award of the University of Zurich 2006 and nominated for the Switzerland-wide Walter Hug Price. Reviewed by: Wegscheider JSt 2007, 103 (Journal of Criminal Law, Austria); Lukits Human Rights Newsletter, 1/2007, p. 54; Neuhaus HRRS 2007, 373; Bohlander International Criminal Law Review 2008, 386; Ahlbrecht wistra 2010, 260; Jung ZStW 2010, 408; Beulke GA 2001, 542; see also the evaluation of the whole publication by Lagodny NStZ 2007, 348.

 

HRRS-Commemorative Publication in Celebration of the 70th Birthday of Gerhard Fezer (ed. together with Frank Mayer and Stephan Schlegl), 225 pages, Hamburg 2008.

Limited Accessory Medical Criminal Law instead of Hypothetical Consent, published by C.F. Müller publishers in the series C.F. Müller Wissenschaft, 89 pages, 2014. Chinese and Japanese Translation in preparation.

HRRS-Commemorative Publication for Gunter Widmaier (published together with Lawyer Prof. Dr. Dr. Alexander Ignor, Lawyer Dr. h.c. Gerhard Strate, Lawyer Dr. Ali B. Norouzi and Lawyer Dr. Stephan Schlegl), 138 pages, 2014.

Commemorative Publication for Manfred Seebode: In Dubio Pro Libertate, published together with Prof. Dr. Helmut Goerlich, Prof. Dr. Michael Kahlo and Dr. Benno Zabel, B.A., 328 pages, published by Berliner Wissenschaftsverlag 2015.

Tax-Fraud, An investigation into the systematics of the Europeanized Fraud-Related Crimes and on the legitimate range of the necessarily legislation-influenced crime of tax-fraud. Likewise contribution on the relation of Criminal Law and Constitutional Law. Vol. 11 of the Nomos Series “New Writings on Criminal Law”, 900 pages, published by Nomos publishers, Baden-Baden 2016.

202 Volumes of the Online-Journal HRRS. The Journal and the Database at www.hrr-strafrecht.de are accessed approximately 130.000 times per month.

13 Volumes of medstra, Journal on Medical Criminal Law.

 

  1. Commentaries and Large Contribution to Handbooks

Material Law

Negligent Manslaughter and Causing Bodily Harm by Negligence in the Health-Care System, approximately 100 pages, in: Frank Saliger/Michael Tsambikakis (ed.): The Criminal Law of Medicine, published by C.H. Beck publishers, Munich, expected in Fall 2018.

Commentary on Sec. 13 CC (Omissions), Secs. 284-287 CC (Organizing and Participation in Unlawful Gaming and Lottery), Sec. 288 CC (Avoiding Enforcement of Judgments), Sec. 289 CC (Taking of Pawns), Sec. 290 CC (Unlawful Use of Pawns), Secs. 292-295 CC (Poaching and Destroying Game and Fish), Sec. 297 CC (Causing a danger of being impounded to ships, motor-vehicles and aircraft by taking prohibited goods on board etc), Sec. 323c CC (Omission to effect an easy rescue), in: Nomos Commentary to the German Criminal Code, approximately 170 pages in total (together with Wolfgang Wohlers), published by Nomos publishers, Baden-Baden, 2017.

Commentary on Sec. 370 of the German Fiscal Code (Tax Evasion), approximately 110 pages, in: Esser/Rübenstahl/Saliger/Tsambikakis (eds.): A Practitioner’s Commentary in Commercial Criminal Law, published by Otto Schmidt publishers, 2017.

Commentary on Corruption Crimes (Sec. 11 CC (Holders of Public Office), Sec. 299 CC, Secs. 299a, 299b CC, Secs. 331 et seqq. CC), approximately 160 pages, in: Rosenau/Leitner: Nomos Commentary on Commercial Criminal and Penal Tax Law, published by Nomos publishers, Baden-Baden, 2017.

Commentary on Sec. 369 of the German Fiscal Code (Tax Crimes), Secs. 26b and 26c UStG (German Value Added Tax Law) (Endangering Value Added Tax Revenue), approximately 86 pages, in: Flore/Tsambikakis:  A Commentary on Penal Tax Law, published by Carl Heymanns publishers, 2nd ed., Cologne 2016.

Commentary on Sec. 1 CC (No punishment without Law – Principle of Legality), Sec. 2 CC (Jurisdiction ratione temporis; lex mitior), Sec. 263 CC (Fraud) and Sec. 263a CC (Computer Fraud), approximately 180 pages, in: Tsambikakis/Zöller/Leipold: A Lawyer’s Commentary to the German Criminal Code, published by C.F. Müller publishers, 2nd ed., Heidelberg 2014.

Commentary on Sec. 13 CC (Omissions), Secs. 284-287 CC (Unlawful Gaming), Sec. 288 CC (Avoiding Enforcement of Judgments), Sec. 289 CC (Taking of Pawns), Sec. 290 CC (Unlawful Use of Pawns), Secs. 292-295 (Poaching and Destroying of Game and Fish), Sec. 297 CC (Causing a danger of being impounded to ships, motor-vehicles and aircraft by taking prohibited goods on board etc.), Sec. 323c CC (Omission to effect an easy rescue), approximately 160 pages, in: Nomos Commentary on the German Criminal Code, published by Nomos publishers, 4th ed., Baden-Baden 2013 (together with Wolfgang Wohlers).

Commentary on Secs. 15-17 CC (Intent and Negligence, Mistake of Fact and Mistake of Law), Secs. 185-200 (Libel and Slander), Sec. 264 CC (Subsidy Fraud), Sec. 265 CC (Insurance Fraud), Sec. 265a CC (Obtaining Services by Deception), approximately 180 pages, in: Matt/Renzikowski: The German Criminal Code, published by C.H. Beck /Franz Vahlen publishers, Munich 2013.

Commentary on Sec. 369 of the German Fiscal Code (Tax Crimes), Secs. 26b and 26c UStG (German Value Added Tax Law) (Endangering Value Added Tax Revenue), 89 pages, in: Flore/Tsambikakis:  A Commentary on Penal Tax Law, published by Carl Heymanns publishers, Cologne 2013.

Commentary on Sec. 1 CC (No punishment without Law – Principle of Legality), Sec. 2 CC (Jurisdiction ratione temporis; lex mitior), Sec. 263 CC (Fraud) and Sec. 263a CC (Computer Fraud), 166 pages, in: Tsambikakis/Zöller/Leipold: A Lawyer’s Commentary to the German Criminal Code, published by Deutscher Anwaltverlag, Bonn 2011.

 

Procedural Law

Secs. 239-242 CCP (Right to Ask Questions), 52 pages, in: Knauer/Kudlich/Schneider (eds.): The Munich Commentary on the German Code of Criminal Procedure – Vol. 2, Munich 2016

Commentary of the ECHR, approximately 200 pages, in: Knauer/Kudlich/Schneider (eds.): The Munich Commentary on the German Code of Criminal Procedure and the ECHR, 2017.

Commentary on Secs. 407-444 CCP (Part VI – Special Types of Procedure), in: Löwe-Rosenberg Commentary on the German Code of Criminal Procedure, Vol. 12 addendum, Berlin 2014.

Accepted for the 27th edition of the Löwe-Rosenberg Grand Commentary on the German Code of Criminal Procedure.

Constitutional and Procedural Rights in Europeanized Criminal Proceedings, 56 pages, in: Hatje/Müller-Graf (eds.): Encyclopaedia of European Law – Vol. 9: European Criminal Law and Police Law (edited by Martin Böse), published by Nomos publishers, Baden-Baden 2013.

III. Essays

The necessary level of care in Europeanized Criminal Legislation – an unavoidable gap in the WpHG?, in: wistra 2017, Issue 2.

Unlawful Appropriation in the Health-Care Sector – A Commentary, in: Kubiciel/Hoven (eds.): Corruption in the Health Care Sector, pp. 145 et seqq., Baden-Baden, 2016.

The Punishability of Aiding Suicide in a business-like fashion – Sec. 217 CC, in: JuS 2016, pp. 385 et seqq.

Awakening of the Force? On the Europeanized Functionality of Criminal Law, in: wistra 2016, pp. 89 et seqq.

La idoneidad objectiva del engaño como manifestación de la imputación objective en el fraude; in Problemas fundamentals de la imputación objetiva – II, Edgardo Alberto Donna (ed.), Buenos Aires 2015, pp. 39 et seqq. (Spanish Translation of „Objective suitability to cause an error as an expression of objective attribution in the offense of fraud“ by Florencia Ham).

Constitutional Guarantees in Europeanized Criminal Trials: Care instead of collective reservation?, in: StV 2016, Issue 5, Editorial

Sec. 217 CC – Lack of Doctors in the stocks?, in: medstra 2016, pp. 65 et seqq.

The pecuniary damage of accounting fraud in the health care sector – strict medical law accessoriness of private liquidation, in: Fischer/Hoven/Huber/Raum/Rönnau/Saliger/Trüg: Dogmatics and Practice of the criminal law pecuniary damage, Baden-Baden 2015.

Protection of Patients and Managing Indications – The Governments Draft Bill to Fight Corruption in the Health Care Sector, in: medstra 2015, p. 263.

Minimum Criminal Law Standards and criminal law opportunities in labour disputes, in: Giesen/Junker/Rieble: The Conference Transcript of the 6th ZAAR-Conference in Hamburg on “Borderless Labour Disputes”, Munich 2015, pp. 129 et seqq.

Light and Shade – Material Provision in the Draft Bill on Fighting Corruption in the Health-Care Sector by the Germanu Federal Ministry of Justice (together with Prof. Dr. Michael Lindemann and Lawyer Dr. Michael Tsambikakis), in: medstra 2015, pp. 142 et seqq.

Using Immorality to fight Hooligan Crime – The End of the “Third Half”? A Contribution on the basics and the reach of the barrier of consent in Sec. 228 CC when applying the theory of legally protected rights, in: ZIS 2014, pp. 489 et seqq.

The future of Europeanized Commercial Corruption according to Sec. 299 CC – An Evaluation of the Draft Law of the German Federal Ministry of Justice of 13th June 2014, in: NZWiSt 2014, pp. 281 et seqq.

Transnational “ne bis in idem” and its weak constitutional foundation, in: NJW 2014, pp. 2990 et seqq.

Unavoidable mistake of law of citizens advised by a lawyer – A Chimaera?, in: HRRS 2013, pp. 449 et seqq. (likewise in the Commemorative Publication for Manfred Seebode, pp. 85 et seqq.)

Minimal Protection of European Constitutional Guarantees in the Cooperation in Criminal Proceedings, in: NJW 2013, pp. 1279 et seqq.

An Overview of Recent Court Rulings of the ECtHR in 2010-2011 – Part II (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis, in: NStZ 2012, pp. 619 et seqq.

An Overview of Recent Court Rulings of the ECtHR in 2010-2011 – Part I (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis, in: NStZ 2012, pp. 555 et seqq.

Freedom of Opinion in Criminal Proceedings – On the Right of Infringing Criticism of Judges, in: Commemorative Publication in Celebration of the 75th birthday of Imme Roxin, 2012, pp. 569 et seqq.

Right to Defence of the Parties in German Inquisitory Trials – On the Example of the Right to Ask Questions and to Examine, in: StV 2012, pp. 51 et seqq.

Temporal Laws in Commercial Criminal Law and punishability gaps closed retrospectively – An outdated method considering the MFN-principle of the European Charta of Fundamental Rights, in: wistra 2011, pp. 365 et seqq.

On the (non-) applicability of the commercial orientation or the commital as part of a gang in the offence of endangering the Value Added Tax Revenue, in: PStR 2011, pp. 233 et seqq.

Objective suitability to cause an error as an expression of objective attribution in the offense of fraud, in: Commemorative Publication in Celebration of the 80th birthday of Claus Roxin (“Criminal Law as an Scientia Universalis”), 2011, pp. 967 et seqq.

An Overview of Recent Court Rulings of the ECtHR in the years 2008 to 2010 – Part I (together wirh Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis), in: NStZ 2011, pp. 78 et seqq.

An Overview of Recent Court Rulings of the ECtHR in the years 20008 to 2010 – Part II (together with Prof. Dr. Robert Esser and Lawyer Dr. Michael Tsambikakis), in: NStZ 2011, pp. 140 et seqq.

A premature good-bye to the partly voluntary disclosure of tax evasion?, in: PStR 2010, pp. 282 et seqq.

A Breakthrough without the slippery slope – A re-evaluation of the borders of crimeless assisted suicide covered by the law, in: NJW 2010, pp. 2925 et seqq.

Retrospective preventive detention – Art. 7 (1) (2) ECHR as “another” legal provision in the sense of Sec. 2 (6) CC, in: HRRS 2010, pp. 329 et seqq.

Preventive Preclusion of Reprimands as a means to prevent the abuse of the Appeal on Points of Law, in: wistra: 2010, pp. 210 et seqq.

Preventing Abuse by setting deadlines for Evidence-Requests in Criminal Proceedings, in: BLJ (Bucerius Law Journal) 2009, pp. 107 et seqq.

Inadmissible Evidence and the Court Rulings of the ECtHR on protecting the Fair Trial Principle especially concerning covert observations, in: JR 2009, pp. 107 et seqq.

Subsidiary Fraud by short-time work in the wake of the global financial crisis (together with Philipp Leydecker), in: NJW 2009, pp. 3542 et seqq.

On the way to potential intent? Problems and Justification of the rising statutory standardisation of the requirement of intent, in: ZStW 2009, pp. 239 et seqq.

The FCJ has confirmed the punishability of simple fare evasion – Unjust and with problematic expansions?, in: HRRS 2009, pp. 69 et seqq.

Constitutional Protection of private e-mails with the provider and their world-wide monitoring for criminal procedural purposes, in: StV 2009, pp. 96 et seqq.

Undiscovered Treasures in the Court Rulings of the ECtHR concerning Criminal Defence?, in; HRRS-Commemorative Issue Fezer (cf. supra I.), 2008, pp. 21 et seqq.

Fair sentencing by appeal courts only after effective participation in the proceedings, in: GA 2009, pp. 394 et seqq.

Inadmissibility of evidence and reversing the burden of proof when dealing with unjustly provoked offenses in the recent court rulings of the ECtHR (together with Ulf Buermeyer) in: HRRS 2008, pp. 279 et seqq.

Retrospective Condemnation of Corruption Abroad and Unjust Appropriation as a Corruption Offence – The Siemens-Case as a starting point for an international borderless Commercial Criminal Law (together with Frank Saliger), in: HRRS 2008, pp. 57 et seqq.

Criminal Damage by exploiting the functional boundaries of another’s things?, in: JR 2008, pp. 97 et seqq.

Defence below par – Taboos and Preclusions as a Protection from the Right to Effective Defence?, in: HRRS 2007, pp. 402 et seqq.

New Approaches to protect the Freedom of the Press in the offence of “unlawful disclosure of secrets by journalists”, in: AfP 2007, pp. 410 et seqq.

Goodbye lump sum? On the reasonableness of the payment for the public defender, in: StRR 2007, pp. 89 et seqq.

Fraud by manipulated soccer-bets: The Hoyzer-Case as an alarming expansion of the offence of fraud?, in: HRRS 2007, pp. 16 et seqq.

The submittal of the 1st Criminal Senate of the FCJ on the degeneration of procedural reprimands: Careful formality and efficient judicial development of the law, in: HRRS 2006, pp. 409 et seqq.

Boundaries of the fair trial principle according to Art. 6 ECHR when barring from the trail information and witnesses relevant for the defence, in: StV 2006, pp. 599 et seqq. (likewise in “Who is protected by Criminal Law?” – Publication Series of the Criminal Defenders Associations, Volume 29, 2006).

The German application of emetics violates human rights: Reasoning and Consequences of the decision of the ECtHR in the Jalloh-Case, in: HRRS 2006, pp. 241 et seqq.

Absolute Reason for Appeal on Points of Law and the Concern of Bias when facing the stretching of Sec. 26a CCP by the judge in its own interest, in: HRRS 2005, pp. 319 et seqq.

Commercial Criminal Law in between (European) Constitutional Law and the interpretation in conformity with European Directives on the example of Scalping (together with Tilo Mühlbauer), in: wistra 2005, pp. 9 et seqq.

Improving the effectiveness of the control of procedural deals by the appeal courts by means of making the waiver of procedural remedies in the deal unlawful (together with lawyer Dr. Markus Rübenstahl, mag.iur.), in: HRRS 2004, pp. 342 et seqq.

Unconstitutionality of commercially oriented tax evasion and committal by being member of a gang (Sec. 370a of the German Fiscal Code), in: HRRS 2004, pp. 317 et seqq.

The importance of the evaluation of evidence when facing the executive barring of evidence in conflict with the right to disclosure of evidence according to Art. 6 (1) (1) ECHR, in: StraFo 2004, pp. 195 et seqq.

Fragility of the prohibition of torture – Prevention as Justification for exceptions from the absolute prohibition of torture to establish absolute security?, in: Camprubi (ed.): Fear and the struggle for security in legislation and practice, 2004, pp. 155 et seqq.

Law-oriented interpretation of trading or waiver of the states right to inflict punishment at the discretion of the judge?, in: HRRS 2004, pp. 165 et seqq.

The right to efficient proceedings in Commercial Criminal and Penal Tax Law, in: wistra 2004, pp. 166 et seqq.

Human Rights questions and the holding back of evidence in German Criminal Proceedings, in: HRRS 2004, pp. 44 et seqq. (likewise in: Materials of the Criminal Defence Lawyers Convention 2005).

Expanding the Appeal on Points of Law to the co-accused – A plea for the interpretation of Sec. 357 CCP in accordance with the convention (together with Wolfgang Wohlers), in: NStZ 2004, pp. 9 et seqq.

Nullum judicium sine lege – the public international law obligation of an EU-Special Criminal Proceedings to the potential of the ECHR, in: ZStW 2003, pp. 845 et seqq.

The prohibition of bypassing the ECHR by means of using private persons for criminal prosecution, in: StV 2004, pp. 46 et seqq.

Possibilities and problems of the systematic legitimization-function of the theory of legally protected right on the example of subsidiary fraud, in: Hefendehl/von Hirsch/Wohlers (eds.): The Theory of the legally protected right – Basis for Legitimization of Criminal Law or a dogmatic glass bead game?, Baden-Baden 2003, pp. 183 et seqq. (likewise in Spanish translation in a book published by Hefendehl).

Denial of an request for evidence following dilatory actions because of the attempt at uncovering an unlawful procedural deal with the main witness for the prosecution being an accomplice to the accused?, in: HRRS 2003, pp. 93 et seqq.

Perversion of justice by acting because of extraneous considerations? (together wirh Wolfgang Wohlers), in: GA 2002, pp. 483 et seqq.

Sexual abuse of prostitutes, in: NStZ 2002, pp. 238 et seqq.

 

  1. Primarily Didactic Contributions

Basics of the defence in Penal Tax Proceedings – Part 2: Main Emphases of Defence in formal Penal Tax Law, in: JA 2009, pp. 633 et seqq.

Basics of the defence in Penal Tax Proceedings – Part 1: Main Emphases of Defence in material Penal Tax Law, in: JA 2008, pp. 804 et seqq.

Robbery of a money transporter (Focusing on punishable preparation and the likeliness of success of an appeal on points of law; together with Benjamin Tachau); Exam, in: JuS 2008, pp. 256 et seqq.

Basics of material and formal Penal Tax Law, in: JA 2008, pp. 88 et seqq.

The free offers of websites furthering the training of university students and young lawyers, in: JA 2007, Vol. 10, VIII.

Punishable Aiding and its recent problems – Successfully completing Sec. 27 CC in an exam, in: JA 2007, pp. 757 et seqq.

Principals and secondary participants in theft acting as a member of a gang (Criminal and Criminal Procedural Law Exam with a focus on theft, false testimony and perjury, and principals and secondary participants), in: JuS 2003, pp. 774 et seqq.

Murder without a corpse? – Coincidence, immediate starting of an attempt and the disabling of the victim’s possibilities to defend itself, in: JuS 2002, pp. 1058 et seqq.

 

  1. English-Language Publications and Translations

Decision of the ECtHR in the Case of Bykov v Russia, in: JR 2009, pp. 514 et seqq.

Case Note, German federal court of appeal [ordinary jurisdiction], 3rd criminal senate: plea bargaining: defence rights; in The Journal of Criminal Law, Vol. 72 (2008), pp. 109 et seqq.

Decision of the ECtHR in the Case of Monika Haas v Germany, in: JR 2006, pp. 289 et seqq.

Decision of the ECtHR in the Case of Luca v Italy, in: HRRS 2006, pp. 35 et seqq.

Decision of the ECtHR in the Case of Weh v Austria, in: JR 2005, pp. 423 et seqq.

Decision of the ECtHR in the Case of Henning v Austria, in: wistra 2004, pp. 177 et seqq.

Decision of the ECtHR in the Case of Steur v Netherlands, in: JR 2004, pp. 339 et seqq.

Decision of the ECtHR in the Case of M.M. v Netherlands, in: StV 2004, pp. 1 et seqq.

Decision of the ECtHR in the Case of Allan v United Kingdom, in StV 2003, pp. 257 et seqq.

 

  1. Case Notes

Termination of the proceedings by the state prosecutor and the “ne bis in idem”-principle in accordance with Art. 54 CISA, in: NJW 2016, pp. 2942 et seq.

Implied deception by filing an application for a subsidy, note on BGH (FCJ) 1 StR 13/13 of 25th April 2014, in: NJW 2013, pp- 2298 et seq.

Guidelines for a separate sentencing-decision of the appeal-court, note on BGH (FCJ) 3 StR 175/09 of 11th August 2009, in: StV 2011, pp. 139 et seqq.

On deadlines for requests for evidence, note on BGH (FCJ) 1 StR 484/08 of 23rd September 2008, in: NJW 2009, p. 608.

On the enforcement-solution for excessively long proceedings, note on BGH (FCJ) GSSt (Large Senate for Criminal Matters) 1/07 of 17th January 2008, in: JZ 2008, pp. 422 et seqq.

Requirements for the calculation, the presentation of the results and the application of the law by the judge in proceedings for tax evasion and its disadvantage for other EU member states, note on BGH (FCJ) 5 StR 549/06 of 19th April 2007, in: wistra 2008, pp- 184 et seqq.

Constitutional barriers for separate sentencing-decisions of the appeal-courts, note on BVerfG (FCC) 2 BvR 1447/05; 2 BvR 136/05 of 14th June 2007, in: HRRS 2007, pp. 292 et seq.

The right to efficient proceedings and the right to appeal: The obligation to verify and compensate exists also for (asserted) unlawful delays in proceedings for the crime of murder, note on BVerfG (FCC) 2 BvR 750/06 of 21st June 2006, in: JR 2007, pp. 254 et seqq.

Obstruction of justice through false claims of mistakes in the court minutes, note on BGH (FCJ) 3 StR 284/05 of 11th August 2006, pp. 29 et seqq.

The right to confrontation; actually impossible examination; fair trial principle and the overall view; non-availability; proportionality; the Landshut-kidnapping; note on ECtHR No. 73047/01 of 23rd November 2005 (Haas v Germany), in: JR 2006, pp. 292 et seqq.

Light and Shade – The Right to effective proceedings in light of each segment of criminal proceedings (Art. 6 (1) (1) ECHR and the FCJs disregard of the duty to organize according to public international law, note on BGH (FCJ) 1 StR 78/05 of 21st July 2005, in: HRRS 2005, pp. 377 et seqq.

Basics and commencement of the protection of the right to remain silent and to refrain from self-incrimination, note on ECtHR No. 38544/97 of 8th April 2004 (Weh v Austria), in: JR 2005, 426 et seqq.

Completion and attempt when trading – on the submission of the third senate for criminal matters, note on BGH (FCJ) 3 StR 61/02; 3 StR 243/02 of 13th January 2005, in: HRRS 2005, pp. 250 et seqq.

Increasing the constitutional importance of the ECtHR by means of a duty to consider and increasing the number of checks, note on BVerfG (FCC) 2 BvR 1481/04 of 14th October 2004 (Görgülü), in: HRRS 2004, pp. 387 et seqq.

Protection of the freedom of opinion of the lawyer; Increasing the right to a fair trial, note on ECtHR No. 39657/98 of 28th October 2003 (Steur v Netherlands), in: JR 2004, pp. 342 et seqq.

Re-determination of the term “trading” in Control Substances Law; Legal certainty and proportionality in the criminal law protection of legal assets, note on BGH (FCJ) 3 StR 61/02; 3 StR 243/02 of 10th July 2003, in: StraFo 2003, pp. 392 et seqq.

Protection of the right to remain silent and the right to refrain from self-incrimination in functional examinations by informants attributable to the state and when facing state use of personal relationships; note on ECtHR No. 4839/99 of 5th November 2002 (Allan v United Kingdom) in: StV 2003, pp. 260 et seqq.

Interpreting the terms “gang” and “member of a gang” and “participation” in the offence of theft, note on BGH (FCJ) 4 StR 499/01 of 15th January 2002, in: StV 2003, pp. 78 et seqq.

Sentencing; The consideration of time-barred offences for evaluating the risk of absconding and proportionality of pretrial detention, note on BGH (FCJ) 2 StE 11/00 (StB 13/01 and 14/01) of 23rd August 2001, in: StraFo 2002, pp. 98 et seqq.

VII. Conference Reports

Report of the Criminal Law Teachers Conference 2009 in Hamburg (together with Lutz Eidam, in: ZStW 2009, pp. 985 et seqq.

Protection of Legal Assets and problems of attributability (together with Tilo Mühlbauer), Report, in: Hefendehl/von Hirsch/Wohlers (eds.): T The Theory of the legally protected right – Basis for Legitimization of Criminal Law or a dogmatic glass bead game?, Baden-Baden 2003, pp. 297 et seqq.

VIII. Reviews

Tim Neelmeier: Culpability of the non-patient for making decisions concerning the patient and the institutions duty to investigate (2014), in: medstra 2015, p. 285.

Christian Schröder: Handbook on Capital Market Criminal Law, 2nd edition (2010), in: HRRS 2011, pp. 532 et seq.

Heiko Ahlbrecht, Klaus-Michael Böhm, Robert Esser, Heiner Hugger, Stefan Kirsch, Michael Rosenthal: International Criminal Law in Practice, in: HRRS 2011, pp. 279 et seq.

Stefan Hiebl, Nils Kassebohm, Hans Lilie (eds.): Commemorative Publication in celebration of the 65th birthday of Volkmar Mehle on 11th November 2009 (2009), in: NJW 2011, p. 1660.

Marcus Danzer: Fighting Trader (Carousel) Fraud, in: HRRS 2011, pp. 81 et seqq.

Tido Park: Capital Market Criminal Law – A Commentary, 2nd edition (2008), in: HRRS 2011, pp. 29 et seq.

Heinz-Bernd Wabnitz, Thomas Jonovsky: Handbook of Commercial Criminal and Penal Tax Law, 3rd edition (2007), in: HRRS 2009, pp. 520 et seq.

Tonio Walter, The Core of Criminal Law (2007), in: HRRS 2009, pp. 37 et seqq.

Rainer Grote, Thilo Marauhn: ECHR/German Basic Law – A Concordance-Commentary (2006), in: HRRS 2008, pp. 31 et seqq.

Stefan Rolletschke: Penal Tax Law, 2nd edition (2007), in JA 2008, Issue 6

Dietrich Quedenfeld, Markus Füllsack: Defence in Penal Tax Proceedings, 3rd edition (2005), in HRRS 2007, pp. 424 et seqq.

Jens Meyer-Ladewig: The European Convention on Human Rights – A Commentary, 2nd edition (2006), in: HRRS 2007, pp. 298 et seqq.

Jan Bockemühl: Handbook of Criminal Defence, 3rd edition (2006), in: HRRS 2007, pp. 259 et seqq.

Wolfgang Schomburg, Otto Lagodny, Sabine Gleß, Thomas Hackner: International Cooperation in Criminal Matter, 4th edition (2006), in: HRRS 2007, pp. 83 et seqq.

Hans Achenbach, Andreas Ransiek: Handbook Commercial Criminal Law (2004), in: HRRS 2007, pp. 19 et seqq.

Dominik Ziegenhain: The Protection of Human Rights in Cross-Border Cooperation in Criminal Matters (2002), in HRRS 2006, pp. 422 et seqq.

Lutz Meyer-Goßner: The German Code of Criminal Procedure (with the German Courts Constitution Act and Side-Laws), 48th edition (2005), in: HRRS 2006, pp. 219 et seqq.

Marc Russack: The Appeal on Points of Law in the German Second State Exam, 2nd edition (2006), in: HRRS 2006, 191 et seq.

Stefan Trechsel: Human Rights in Criminal Proceedings (2005), in: HRRS 2006, pp. 44 et seq.

Walter Gollwitzer: Human Rights in Criminal Proceedings, ECHR and ICCPR (2005), in: HRRS 2005, pp. 383 et seqq.

Christoph Grabenwarter: European Convention on Human Rights, 2nd edition (2005), in: HRRS 2005, pp. 356 et seqq.

Herbert Tröndle, Thomas Fischer: The German Criminal Code, 52nd edition (2004), in: HRRS 2005, pp. 330 et seq.

Frank Meyer: Lack of Will and the Waiver of Procedural Remedies by the Accused in Criminal Proceedings (2003), in: HRRS 2005, pp. 179 et seqq.

Detlef Burhoff: Handbook on Criminal Investigation Proceedings, 3rd edition (2003) and Handbook on the Criminal Main Trial, 4th edition (2003), in: HRRS 2005, pp. 16 et seqq.

Werner Beulke, Criminal Procedural Law, 7th edition (2004), in: HRRS 2004, pp. 417 et seq.

Federal Constitutional Court – Official Record on CD-ROM, in: HRRS 2004, pp. 391 et seqq.

Gerwin M. Moldenhauer: A Guideline for Deals in Criminal Proceedings by the Federal Court of Justice? (2003), in: HRRS 2004, pp. 375 et seqq.

Helmut Streinz (ed.): Commentary on TEU and TEC (2004), in: GA 2005, pp. 262 et seqq.

Niklaus Schmid: Criminal Procedural Law, 3rd edition (2004), in: HRRS 2004, pp. 294 et seqq.

Daniela Demko: The Relativity of Legal Terms in Criminal Offences (2002), in: HRRS 2004, pp. 213 et seqq.

Gabriele Rose: Boundaries of Press Investigations in Criminal Law and Criminal Procedural Law (2001), in: GA 2002, pp. 571 et seq.