Prof Dr Michael Kubiciel

Prof. Dr. Dr. h.c. Michael Kubiciel

Professor – Of Counsel

  • Director of the Department for Criminal and Criminal Procedural law at the University of Cologne and holder of the Chair for Criminal Law, Criminal Law Theory and Comparative Criminal Law at the University of Cologne
  • National Research Correspondent for the Preparation of the EUAntiCorruptionReports for the Directorate-General Migration and Home Affairs of the European Commission
  • Consultant to the United Nations and the Council of Europe

List of Important Publications

I. Monographs

The Science of the Special Part of the German Criminal Code – Tasks and Methods, published by Vittorio Klostermann publishers, Vol. 52 of the Legal Treatises, Frankfurt 2013 (346 pages).

Reviews: Tiedemann, JZ 2014, 395; Wohlers, ZStR 2014, 238-240

Institutions against Corruption – A Comparative Study of National Anti-Corruption Strategies, with Albin Eser, published by Nomos publisher, Baden-Baden 2005 (128 pages).

Review: Journal of Political Science (ZPOl) 2006, 1406

The first edition is out of stock, in the meantime the book is available for download free of charge at www.freidok.uni-freiburg.de.

Restrictions on the Conduct of Dominant Companies through Sec. 19 of the Act against Restraints of Competition, published by Duncker&Humblot publishers, Berlin 2003 (310 pages)

II. Books (editor)

Current Thoughts on the Criminal Theory of Hans Welzel, published by Mohr Siebeck publishers, Tübingen 2015 (together with G. Jakobs, W. Frisch, M. Pawlik, C.F. Stuckenberg)

Feuerbach’s Bavarian Criminal Code – The Birth of a Liberal, Modern and Rational Criminal Law, published by Mohr Siebeck publishers, Tübingen 2014 (together with A. Koch, M. Löhnig, M. Pawlik) (546 pages)

Reviews: Köbler, ZIER 2014, 58; Pflaum, Die Rezensenten, May 14th 2014

 

III. Commentaries

Ambos/König/Rachow (eds.): Nomos COmmentary on Mutual International Assistance in Criminal Matters, published by Nomos publishers, Baden-Baden 2014

  1. a) Extradiction; Secs. 2-11 of the Act on International Cooperation in Criminal Matters (pp. 162-210)
  2. b) Police and Judicial Cooperation in Criminal Matters: Artt. 39-53 CISA (pp. 780-796)
  3. c) EU Law on other Assistance (Mutual Legal Assistance) (pp. 796-869)
  4. d) Conventions and Protocols of the Council of Europe (pp. 934-975)

IV. Contributions to Journals and Books

On Commercial Criminal Law and Criminal Procedural Law

Flexibilisation of Criminal Law, in: Hilgendorf/Kudlich/Valerius (ed.): Handbook of Criminal Law, Vol. 1, published by C.F. Müller publishers, Heidelberg 2015

Corruption and Corruptibility in Commercial Practice – On a Competitive Implementation of the so-called Principal-Model in Sec. 299 CC, in: ZIS 2014, pp. 667-673.

Protection of the Foreign Credit System through the Statutory Offence of Obtaining Credit by Deception (Comment), in: Juris Praxis Report Compliance and Internal Investigation 3/2014 (together with Fabian Stam)

The Draft Law on Combating Corruption, in: Juris Praxis Report Compliance and Internal Investigation, 2/2014

Association Penalties – Constitutionality and System Compatibility, in: ZRP 2014, pp. 233-237-

Between Effectivity and Legitimacy – On the Legislators Scope of Action after the „Deal“-Decision, in: HRRS 2014, pp. 204-209

The EU Anti-Corruption Report – A new Benchmark in the Fight against Corruption, Journal of Business Compliance Vol. 2 (2014), pp. 5-14 (together with C. Spörl)

Pecuniary Damage caused by Fraudulent Representation to Obtain a Contract (Judgment Review), in: JZ 2014, pp- 99-102

‘Grave’ Breach of Duty and Special Intent Requirements for Embezzlement and Abuse of Trust? (Judgment Review), in: StV 2014, pp. 91-93.

The Act on Refencing and Recovery and Resolution Planning for Credit Institutions and Financial Groups as a Means of forming Morals through Criminal Law?, in: StV 2013, Editorial Issue 10

The EU Anti-Corruption Report – New Ways towards a Coherent Anti-Corruption Policy, in: HRRS 2013, pp. 213-219.

Procedural Applicability of Digital Contrabands, in: GA 2013, pp. 226-239.

The Financial Market Crisis between Commercial Criminal Law and Political Criminal Law, in: ZIS 2013, pp. 53-60

Liability Risks for Software Producers – Programming of File-Sharing Sites as Criminal Aiding, in: wistra 2012, pp. 453-456.

  • Japanese Translation in: Kansai Law Review 63 (2013), pp. 209-223 (translated by Kawaguchi/Morikawa)

International Legal Development and National Legal Change in the Fight Against Corruption, in: D. Linnan (ed.), Legitimacy, Legal Development & Change: Law and Modernization Reconsidered, published by Ashgate Publishing, Newport, Hampshire 2012, pp. 419-437

Core Criminal Law Provisions in the United Nations Convention Against Corruption, in: ICLR Vol. 9 (2009), pp. 137-151

Criminalization and Law Enforcement, in: United Nations (ed.), Technical Guide to the United Nations Convention Against Corruption, New York 2009, pp. 79-137 (together with Doig/Jorge)

Fighting corruption – International Development and Changing Laws in Transition States, in: ZStW 2008, pp. 429-446

Also published in: Norbert Szczech (ed.), Commemorative Publication of the University of Liegnitz, Ksiega jublieuszowa z okazji 5-lecia Wydzialu Prawa Wyzszej Szkoly Menedzerskiej w Legnicy, Liegnitz 2010, pp. 95-110

Betting and Fraud – On Implied Deception, in: HRRS 2007, pp. 68-71

Breach of Duty under Company Law and Punishability for Embezzlment and Abuse of Trust, in: NStZ 2005, pp. 353-361

Referenced by the FCC on June 23rd 2010 – 2 BvR 2559/08, 2 BvR 105/09, 2 BvR 491/09

Restrictions on Conduct through Objectives outside of Competitions, in: WuW 2004, pp. 164-172.

Commercial and Legal Questions of the Competitive System, in: ZEuP 2000, pp. 710-713

 

On Criminal Law Theory, Criminal Law History and Philosophy of Law

The History of the Department of Criminal and Criminal Procedural Law at the University of Cologne, in: Association for the Advancement of Legal Studies (ed.), Faculty Report (will appear soon, 5 pages)

Welzel and the others – Welzels positions and positionings before 1945, in: Jakobs/Frisch/Kubiciel/Pawlik/Stuckenberg (eds.): Current Thought on the Criminal Theory of Hans Welzel, published by Morh Siebeck publishers 2015.

From Darkness into Light? The Bavarian Criminal Law Reform and Feuerbach’s Criminal Code), in: Koch/Kubiciel, Löhing/Pawlik (eds.): Feuerbach’s Bavarian Criminal Code, published by Mohr Siebeck publishers, Tübingen 2014, pp. 1-16.

„Separation of Humans from Humans“? – Feuerbach’s Understanding of Freedom based on the Example of Religious and Sexual/Moral Offenses, in: Koch/Kubiciel, Löhing/Pawlik (eds.): Feuerbach’s Bavarian Criminal Code, published by Mohr Siebeck publishers, Tübingen 2014, pp. 393-411

Financial Crisis and a State of Emergency, in: Nomos – Kansai Law Journal (2013), pp. 21-36

Translated into Japanese by Morikawa/Kawaguchi, ibid, pp. 36 et seqq.

Retribution, Moral Development or Rehabilitation? – The Criminal Theory Debate on the Great Reform of German Criminal Law, in: Löhnig/Preisner/Schlemmer (eds.): Contemporary Legal History of the 1960s and 1970s, published by Mohr Siebeck publishers, Tübingen 2012, pp. 217-230.

The German Sanction System in a state of Crisis: On the Debate on Preventive Detention, in: DPJZ 2011, pp. 37-39

„Shame Sanctions“ in the light of Criminal Theory, in: ZStW 2006, pp. 44-75.

 

On Comparative Criminal Law and Internationalization of Criminal Law

European Influence on Minimum Standards and Principles in Criminal Proceedings, in: Althammer/Weller (eds.): Minimum Standards in European Procedural Law – Prerequisites for Mutual Trust, published by Mohr Siebeck publishers, Tübingen 2015 (14 pages).

A Uniform European Criminal Law and A Comparative Representation of its Foundations, in: JZ 2015, Issue 2.

A more detailed and reworked version with the title „Franz von Liszt and The European Criminal Law“ has been published in: Koch/Löhnig (eds.): The von-Liszt-School – Specific Deterrence in Criminal Policy and the Development of Modern Criminal Law, published by Mohr-Siebeck publishers, Tübingen 2016 (19 pages)

The Criminal Prohibition of Incest before the Restrictions of the European Court of Human Rights. The Judgment and its Consequences for the Debate on Criminal Law, in: ZIS 2012, pp. 282-289.

Functions and Dimensions of Comparative Criminal Law, in: RW 2012, pp. 212-222

Review Essay: Mireille Delmas-Marty, Ordering Pluralism – A Conceptual Framework for Understanding the Transnational Legal World, in: CLF 2011, pp. 433-438

Criminal Law and European Criminal Policy, in: ZIS 2010, pp. 742-748

Spanish Translation by Hernan Orosco in Revista Derecho Penal y Criminologia

The ‘Lisbon’-Judgment and its Consequences for European Criminal Law, in: GA 2010, pp. 99-114

Reason and Boundaries of the European Community’s Authority to Instruct in Criminal Law Matters, in: NStZ 2007, pp. 136-141

 

On Medical Criminal Law and Criminal Law for Medical Professions

Corruption and Corruptibility in the Medical Systen (Sec. 299a CC) – An Opinion on the Draft Law of the Bavarian State Ministry of Justice, in: medstra 1/2015 (together mit Michael Tsambikakis)

Reasons and Boundaries of the Ban of Pre-Implantation Diagnostics, in: NStZ 2013, pp. 382-386

Turkish translation by Gülsun A. Aygörmez in: Karşılaştırmalı Güncel Ceza Hukuku Serisi (The current comparative Criminal Law Series), Vol. 14 (2014), pp. 295-307

Killing at the Request of the Victim – A Ban and its Exceptions, in: AL 2011, pp. 361-369

Deception regarding the Price and Effectiveness of Medical Drugs as Fraud (Judgement Review), in: JZ 2010, pp. 422-424

God, Rationality, Paternalism – The Reasons for the Ban on Assisted Suicide, in: JA 2011, pp. 86-91

Criminal Liability for the Termination of Artificial Nutrition, in: ZJS 2010, pp. 656-661

Killing at the Request of the Victim and Assisted Suicide as self-determined Death?, in: JZ 2009, pp. 600-608

The current debate on Assisted Suicide, in: DPJZ 2007, pp. 32-37

 

On Other Areas of Criminal Law

New Rules in Criminal Law for the Relationship between the Economy and Politics, in: NJW-aktuell 3/2015, pp. 14-16

The Ban on Bribing Delegates – Reason and Scope of the new Sec. 108e CC, in: NK 2014, pp. 339-358.

Disqualification from Driving or Community Service for Tax Evaders?, in: RuP 2014, pp. 159-162

Political Corruption: Why the Debate should be held on a Broad Basis and in a Study Commission of the German Parliament, in: ZRP 2014, pp. 49-51.

Revival of the Legal Protection of Family Honour?, in: EWE 2008, pp. 431-433

Right-Wing Extremists Music by and with Undercover Informants – Social Adequacy and Justifications in Secs. 86, 86a, 130 CC, in: NStZ 2003, pp. 57-61

„Punishability Isles“ and „Globalization Floods“ – A Plea for the Abolition of the Legal Protection of Honour, in: ZStW 2001, pp. 304-334.

V. Mainly Didactic Essays

Deceiving and Being Deceived (Exam Paper on Fraud, Problems of Attempt and Intent and the Fair Trial Principle), in: JA 2014, pp. 214-219 (together with F. Stam)

A Doctor gone astray (Exam Paper on Assisted Suicide, Fraud and Indirect Perpetration), in: JA 2013, pp. 112-119 (together with M. Wachter)

Criminal Liability of Initiating a Suicide Attempt, in: JA 2007, pp. 741-745

The Effect of the Principal’s Error in Persona on the Abettor, in: JA 2005, pp. 694-700

The „Cannibal-Case“, FCJ-Judgement of April 22nd 2005, in: JA 2005, pp. 763-766

Disqualification from Driving for General Crime, FCJ-Judgement of April 27th 2005, in: JA 2005, pp. 845-847

On the Statutory Crime of Attacking a Driver for the Purpose of Committing a Robbery, FCJ-Judgment of June 28th 2006, in: JA 2005, pp. 843-845.

VI. Reviews

Albrecht von Bitter: The Criminal Law of the Prussian General State Law of 1794 in light of the History of Ideas of ist Time, in: ZRG 2015, pp. 541-542

Frank Meyer: The Genesis of Criminal Law in International Organizations, in: GA 2015, pp. 61 et seqq.

Erik Kraatz: Criminal Law for Medical Practitioners, in: MedR 2014, p. 138

Ioannis Gkountis: Autonomy and Criminal Law Paternalism, in: ARSP 2012, pp. 431-433

Frank Müller: Sec. 216 CC as Prohibition of an Abstract Threat – Attempt at an Apologia of a Criminal Provision, in: JZ 2011, p. 248

Volker Haas: Understanding of Punsihment, Conception of Statehood and the Structure of a Criminal Process – On the Exercise of Sovereign Authority through the Office of Public Prosecution and the Criminal Court in German Criminal Proceedings, Translation of the Review by M. Pawlik, in: GLJ 2009, pp. 1274-1276

Tudor Avrigeanu, Ambivalence and Unity – An Examination of the Current Debate on Criminal Legal Doctrine with its References to the Philosophy of Kant, in: HRRS 2007, pp. 471-472

Rouven Seeberg, Imposed Defense of a Third Party, Self-Defense and Excessive Self-Defense, in: HRRS 2006, pp. 264-265

Ionnan Anastasopoulou, Types of Offenses for the Protection of Legally Guaranteed Collective Rights, in: HRRS 2005, pp. 381-383

Marios Nikolidakis, Basic Questions on Abetting, in: HRRS 2005, pp. 181-184

Dirk Quasten, The judicature of the Federal Court of Justice on the Perversion of Justice during the Nazi Regime and in the GDR, in: HRRS 2005, pp. 67-68

Detlef Burhoff (ed.): Handbook on the Law of Remuneration of Attorneys in Criminal Proceedings and Legal Fining Proceedings, in: StraFo 2005, pp. 431-432 (together wirh J. Wessing)

 

VII. Contributons to (Online-) Newspapers

Murderer is – who?, LTO, 27th November 2014, available here

What kinds of Behaviour may the State Criminalize? A reply to Tatjana Hörle and Thomas Fischer, Constitutional Blog „On Matters Constitutional“, 29th October 2014

Smart or Cheeky? On the Termination of the Proceedings Against Bernie Ecclestone, LTO, 5th August 2014, available here

The FCJ on Sec. 89a CC – Not a Constitutional „Low Point“, LTO, 9th June 2014, available here

A Political Scandal, not a Justice Scandal: On the Acquittal of Christian Wulff, LTO, 28th February 2013, available here

Disqualification from Driving for Thieves and Violent Criminals – There are better Alternatives available, LTO, 22nd November 2013, available here

Legitimate Employment or Nepotism? The Employment of Relatives in the State Parliament of Bavaria, LTO, 7th May 2013, available here

Publicly Exposed: American Shame Sanctions and their German Revenants, LTO, 27th November 2012, available here

The right to be heard, not to receive lethal drugs – The ECtHR on Assisted Suicide in Germany, LTO, 19th July 2012, available here

The difficult Fight against the „Death-Trade“, LTO, 7th March 2012, available here

VIII. Interviews

Germany needs a Criminal Law for Corporations, Interview with the Press Agency „epd“ on 5th November 2014

Money in Exchange for Favors – Local Delegates and Corruption, „Bayerische Staatszeitung“ on 17th October 2014 (No. 42/2014), p. 1

Termination of the Corruption Proceedings against Bernie Ecclestone, TV interview with WDR „Aktuelle Stunde“ (Question Time), on 5th August 2014

Criminal Prosecution Online – The „Edathy“ Case, TV Inteview with WDR „Aktuelle Stunde“ (Question Time), on 3rd March 2014

The EU-Anti Corruption Report, Interview with LTO on 4th February 2014, available here

Senior Citizens as Victims and as Perpetrators, Interview with „Kölner Stadt-Anzeiger“ on 14th January 2014

Conflict of Interest wanted:  Transitioning from Politics into the Free Market, LTO on 6th January 2014, available here

Ordered Truths: Researchers and Institutes must name their Donors, Interview with „Deutsche Universitätszeitung (Europa)“, No. 10/2012, p. 9

MAN and the Others: On the Increase of Corruption Proceedings in Germany, Radio Interview with „Bayerischer Rundfunk“ on 19th September 2012

Targeting Corruption: Regensburg-Based Scientist advises the EU, Radio Interview with „Bayerischer Rundfunk“ (Program: „Mittags in…“), on 28th August 2012

Lectures

Abstract Endangering Offenses – A Prototype of Commercial Criminal Law, Conference within the Framework of the project „Economy, Criminal Law, Ethics (ECLE)“, Institute for Law and Finance, Frankfurt, 21st and 22nd November 2014

Principles of European Criminal Law, Conference: Minimum Standards in European Criminal Procedural Law at EBS Law School, 14th and 15th November 2014

Franz von Liszt and European Criminal Law, Conference on Franz von Liszt at the University of Augsburg, 27th September 2014

The Impact of Hans Welzel’s Philosophy of Criminal Law on Penology until 1945, Conference: Current Thoughts on Hans Welzel’s Theory of Crime, organized together with W. Frisch/G. Jakobs/M. Pawlik/C.F. Stuckenberg, 10th to 12th April 2014

Plea Bargaining and the Search for Truth in Criminal Proceedings, Comparing Current Problems of Civil and Criminal Procedural Law in Germany and Japan, Symposium of the Universities of Kyoto and Cologne in Cologne on 11th and 12th October 2013 (see Weigend, JZ 2014, 133 et seqq.)

Criminal Law in an Ageing Society, Lecture Series „Good Living Standards in an Ageing Society“, University of Cologne on 21st January 2014

Religious and Moral Offenses in Feuerbach’s Criminal Code of 1813, Lecture Series at the University of Regensburg in the Winter Term 2012/2013

From Darkness into the Light? Ambiguities in the Bavarian Criminal Law Reform, Opening Lecture, Conference: Feuerbach’s Criminal Code, University of Regensburg on 19th October 2012 (see Preisner JZ 2013, 884 et seq.)

Procedural Admissibility of Digital Contrabands, Habilitation Lecure, University of Regensburg on 4th July 2012.

Ethical and Legal Questions in Pre-Implantation Diagnostics, Medical Ethics Conference at the Philosophisch-Theologische Hochschule Koblenz/Vallendar on 28th April 2012

Corruption and Compliance in Companies, Lecture before a Delegation of Chinese Industry Representatives and Civil Servants, Program on Training Specialist and Management Staff, Ludwig-Maximilians University Munich on 14th November 2014

Retribution, Moral Development or Rehabilitation? The Criminal Theory Debate on the Great Reform of Criminal Law, Lecture Series „Legal History of the 1960s and 1970s, University of Regensburg on 15th June 2011

Changes to German and Polish Law on Sanctions, Colloquium at the Unviersity of Regensburg on 9th June 2011, organized in cooperation with Dr. P. Goralski, University of Wroclaw/Poland

Implementing International Standards on the Financing of Terror, 2nd December 2010, International Strategic Security Network Foundation, Bern/Switzerland

Criminal Law in Everyday School Life – Basics and Current Problems, Annual Conference of the Bavarian Teachers Association in Arnberg on 9th October 2010

European Criminal Law following the Inception of the Lisbon Treaty, Polish-German Lawyers Conference, University of Wroclaw/Poland on 8th October 2010

Intercultural Criminal Law, Network of Foreign Lawyers, Regensburg on 3rd August 2010

God, Rationality, Paternalism: The Reasons for the Ban on Assisted Suicide, Conference: „Zôon Politikón – Philosophy of Statehood“, Cusanuswerk, Niederalteich/Bavaria

Criminal Law: Transnational Tool or Mirror of Culture?, Renmin Universit School of Law, Beijing/PR China

Criminal Law in the German Legal System, Kunming-University, Kunming/PR China on 22nd September 2009

The Debate on Assisted Suicide in Germany, German-Polish Lawyers Conference, University of Regensburg, 26th June 2008

International Legal Development and National Legal Change in East European Transition States, Barnes Symposium, University of South Carolina, Columbia, South Carolina/USA, 3rd February 2007

Criminal Law and Law Enforcement in the U.N. Convention Against Corruption, Expert-Group Meeting United Nations Office on Drugs and Crime, Vienna/Austria, 25th September 2006

Bribery of National and Foreign Public Officials, Expert-Group Meeting United Nations Interregional Crime and Justice Institute, Turin/Italy, 3rd May 2006