All Research Projects

278 Results
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  1. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Lim­its of Crim­in­al Law in Ter­ror­ism Le­gis­la­tion

    Project Lead: Prof. Dr. Dr. h.c. mult. Ulrich Sieber

    In many Western countries, the unprecedented global terrorism has led to an extensive expansion of the criminal law dealing with remote forms of risk, a development that poses new questions about the constitutional limits of criminal law. This project analyzes and compares the criteria currently discussed in Germany and England to limit the scope of criminal law in relation to anti-terror legis...

  2. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    In­ter­na­tion­al Ar­rest War­rants in On­go­ing Con­flicts

    Project Lead: Dr. Mayeul Hiéramente

    The project analyzes the factual and legal implications of international arrest warrants issued during ongoing hostilities. It points out the potential conflicts between the various international obligations of external actors, especially the ICC, and attempts to reconcile these conflicts with the goals of criminal prosecution. Finally, the possibility of the reception of this norm conflict wit...

  3. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Re­tali­ation-Me­di­ation-Pun­ish­ment

    Project Lead: Jan-Michael Simon, Dr. Pablo Galain Palermo

    The project examines the limits of criminal law with respect to its identity-defining function and its ability to direct the course of society. Findings regarding this function of punishment can already be read in E. Durkheim’s work; however, there has been a lack of studies specifically focused on national criminal law up until now. This research gap needs to be closed, especially in light of ...

  4. Criminology, Dissertation, Individual research project, Completed

    Crime and the Eld­erly

    Project Lead: Dr. Franziska Kunz Dipl.-Soz.

    The project addresses moral-normative attitudes and criminal behavior amongst elderly citizens. The principle goal is to empirically test the validity of general theories of deviance and criminal behavior on those aged 50+. In addition, an attempt will also be made to estimate the number of criminal related incidents that go unreported. A further object of the project is to study the ‘typificat...

  5. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Counter-Ter­ror­ism Le­gis­la­tion: Bal­an­cing Se­cur­ity and Liberty in Ger­many and China

    Project Lead: Zunyou Zhou

    Against the background of the global campaign against terror, anti-terror legislation in Germany and China ignites considerable debate over the relationship between public security and individual freedom. The project reviews the latest developments in German and Chinese anti-terrorism legislation and studies how the legislation is implemented. The aim of the project is to explain whether and to...

  6. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Gen­er­al Leg­al Prin­ciples of In­ter­na­tion­al Crim­in­al Law on the Crim­in­al Li­ab­il­ity of Lead­ers of Crim­in­al Groups and Net­works

    Project Lead: Jan-Michael Simon, Hans-Georg Koch, Ulrich Sieber

    The leaders of organized offender groups and networks usually act in the background, avoiding any direct participation in criminal activities. This project examines how 43 legal systems handle the accountability and evidentiary problems that typically arise in such cases. In the process, new methodological approaches to comparative criminal law are tested. The goal is to support the development...

  7. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Sea Pir­acy Pro­ject

    Project Lead: Anna Petrig LL.M. (Harvard)

  8. Criminology, Dissertation, Individual research project, Completed, Terrorism

    Salafi Ji­hadism and Ji­hadi Vi­ol­ence

    Project Lead: Dr. Andreas Armborst Dipl.-Soz.

    One reason why terrorist violence is sometimes placed in the realm of megalomania, and psychotics is that most terrorists (arguably jihadist) indeed have a fundamental different worldview and perception of current affairs and therefore are acting on different cognitive premises. However this biased perception is not due to psychological or neuronal deficiencies but is the result of socializatio...

  9. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    Lim­its of the Pro­hib­i­tion Against Tor­ture

    Project Lead: Dr. Linus Sonderegger

    The fight against terrorism and society's need for security know no bounds, not even the prohibition against torture. This study analyzes the actual manifestations of torture and explains where, in a rule-of-law democracy, the limits on the use of force are drawn and whether these limits need to be readjusted in extreme situations.

  10. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Deal­ing with Dan­ger­ous, Crim­in­ally Re­spons­ible (Re­peat) Of­fend­ers

    Project Lead: Hans-Georg Koch

    Criminal offenders who are very likely to commit serious crimes after serving their punishments constitute a great risk, a threat from which the general public expects to be protected. In a comparative legal study, we addressed the following issues based on an analysis of some 15 legal systems: What special liberty-infringing legal consequences can be imposed on what group of offenders under wh...

  11. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Hand­book of European Crim­in­al Law

    Project Lead: Ulrich Sieber, † Franz-Hermann Brüner European Anti-Fraud Office (OLAF), Prof. Dr. Bernd von Heintschel-Heinegg (Rechtsanwalt Universität Regensburg), Prof. Dr. Helmut Satzger (Universität München), Dr. Harald Weiß (Rechtsanwalt Brüssel)

    The European Union and the Council of Europe meet the new challenges of globalization with rules that strongly influence national criminal law, criminal procedure, and mutual legal assistance in criminal matters. This has led to a confusing body of regulations that has in many cases become inscrutable for lawyers. Hence, the goal of the project is a systematization and presentation of European ...

  12. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Crim­in­al Law and Gacaca

    Project Lead: Nandor Knust

    Systematic, mass violence can be addressed by means of procedures with differing legal forms, including procedures of a national, non-national, or mixed national and non-national nature. This research project examines how the procedures of the UN Rwanda Criminal Court, the Rwandan criminal justice system, and the neo-traditional Gacaca deal with the mass violence experienced in Rwanda and clari...

  13. Criminology, Research project, Departmental project, Completed

    Mod­el Codes for Post­con­flict So­ci­et­ies

    Project Lead: Hans-Jörg Albrecht, Colette Rausch, Vivienne O’Connor, Goran Klemencic

    In 2001, taking the lead from the Brahimi Report, and based on consultations that took place with many practitioners involved in postconflict criminal law reform, the United States Institute of Peace (USIP - Washington/USA) and the Irish Centre for Human Rights (ICHR - Galway/Irland), in cooperation with the Office of the High Commissioner for Human Rights and the United Nations Office on Drug...

  14. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    EuroN­EEDS

    Project Lead: Dr. Marianne Wade LL.B.

    In view of current events, the intended legal basis for a European Public Prosecutor as foreseen by the Lisbon Treaty in particular, this project aims to establish the factual needs of practitioners in investigating and prosecuting crimes against the EU's interests and transnational crime facilitated by the EU. To this end, the study examines these in 18 EU member states and candidate countries...

  15. Criminology, Dissertation, Individual research project, Completed

    Im­ple­ment­a­tion of CPT Re­com­mend­a­tions in the Ger­man Pris­on Sys­tem

    Project Lead: Dr. Daniela Cernko

    This research project will seek to analyze the implementation of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in the German prison system. Methods of implementation and the effectiveness of the recommendations will be covered, as too will the cooperation (or lack thereof) displayed by Germany in the area of pr...

  16. Criminal Law (Prof. Sieber), Research project, Institute project, Completed

    Crim­in­al Law in Re­ac­tion to State Crime

    Project Lead: Prof. Dr. Dr. h.c. mult. Albin Eser M.C.J., Ulrich Sieber, Jörg Arnold

    This project studies the functions and limits of criminal law in the processes of replacing pre-democratic political systems and of coming to terms with the wrongdoing of the old system in transitional or transformation societies. In the final analysis, there is no "best way" of employing the criminal law to deal with the past following political system change. Each individual country’s approac...

  17. Criminology, Research project, Individual research project, Completed

    Hon­our Killings in Ger­many, 1996-2005

    Project Lead: Prof. Dr. phil. Dietrich Oberwittler

    So-called ‘honour killings’ have received more and more attention in recent years against the backdrop of discussions about the integration of migrants particularly from Islamic countries. Honour killings are domestic homicides of (mainly) females who are perceived by the offender(s) as violating behavioral norms, especially sexual chastity and submission under patriarchal rule. This study repr...

  18. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Crim­in­al Copy­right In­fringe­ment Law and its Func­tion­al Al­tern­at­ives for the Pro­tec­tion of Di­git­al Works

    Project Lead: Dr. Chiara Santangelo, Dr. Chiara Santangelo, Dr. Chiara Santangelo

    Against the background of the global spread of product and services piracy in the information society, this project analyzes the question of whether, given the newness and complexity of the problems posed, legal instruments that are more flexible are necessary in order to ensure the continued protection of digital goods. Both criminal copyright law as well as other existing legal and extra-lega...

  19. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Pre­vent­ive De­ten­tion as an In­stru­ment of Coun­terter­ror­ism

    Project Lead: Dr. Tim Nikolas Müller LL.M. Eur., M.Jur. (Oxford)

    In a multitude of legal systems, options for the preventive detention of terror suspects (so-called endangerers) have been expanded or introduced as a reaction to recent terrorist attacks. This study analyzes the existing legal bases in Germany for preventive detention in this context and identifies the limits that the Basic Law and the European Convention on Human Rights impose on the developm...

  20. Criminology, Dissertation, Departmental project, Completed

    Project Lead: Dr. Gunther Olt

  21. Criminology, Dissertation, Departmental project, Completed

    The So­cial Con­struc­tion and Pro­sec­u­tion of Hate Crime in Ger­many

    Project Lead: Dr. Alke Glet M.A. (International Criminology)

    The term ‘hate crime’ refers to criminal offences that are committed against people primarily because of their group affiliation and are motivated by hate based on race, nationality, ethnic origin, sexual orientation or any similar factor. The victim becomes interchangeable as the crime is intended to intimidate not only one particular person but the entire community that shares the same attrib...

  22. Criminology, Research project, Departmental project, Completed

    Mov­ing the De­bate For­ward

    Project Lead: Hans-Jörg Albrecht

    “Moving the Debate forward: China's Use of the Death Penalty” was a cooperative project between the Great Britain China Centre (London), Beijing Normal University, Wuhan University, the University of Oxford (Centre for Criminology), the Irish Centre for Human Rights (Galway), the Death Penalty Project (London) and the Max Planck Institute for Foreign and International Criminal Law (Freiburg). T...

  23. Criminal Law (Prof. Sieber), Research project, Individual research project, Completed

    Sov­er­eignty and Crim­in­al Law: The Dual Crimin­al­ity Re­quire­ment in In­ter­na­tion­al Mu­tu­al Leg­al As­sist­ance in Crim­in­al Mat­ters

    Project Lead: Dr. Nadja Capus

    Since its beginnings in the 19th century, interstate legal assistance has undergone constant change, a development that accelerated tremendously after World War II, especially in Europe. In the course of these changes, many traditional principles of mutual legal assistance have been abolished, among them the dual criminality requirement. The aim of this project, funded by a Marie Curie Fellows...

  24. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    In­ter­na­tion­al­iz­a­tion of Crim­in­al Law by the United Na­tions Se­cur­ity Coun­cil

    Project Lead: Dr. Julia Macke

    Since the attacks of September 11, 2001, the war on terror has accelerated the internationalization of criminal law. A new actor in this process is the United Nations Security Council, which, to an increasing extent, shapes national criminal law through legally binding resolutions. This study seeks to clarify whether the Council, a (highly) political, unrepresentative body with no democratic le...

  25. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Par­ti­cip­a­tion in a Crim­in­al As­so­ci­ation and Con­spir­acy

    Project Lead: Dr. Almir Maljević LL.M.

    Criminal collectives displaying different structures of association pose serious challenges to traditional criminal law. Responses to some of these challenges can be found in the traditional models of conspiracy and participation in a criminal association. The goal of this project is to identify similarities and differences between the two models, explain how the two approaches are combined in ...

  26. Criminology, Dissertation, Individual research project, Completed

    Ju­ven­ile and Ad­oles­cent Sexu­al Of­fend­ers

    Project Lead: Dr Carolin Quenzer Dipl.-Psych.

    The purpose of the project was to investigate recidivism amongst juvenile and adolescent sexual offenders. Apart from determining the different relapse ratios amongst this research group, systematic risk factors were also identified. The main goal was to apply a number of Anglo-American actuarial risk assessment instruments on a German sample in order to test their limits and predictive validit...

  27. Criminal Law (Prof. Sieber), Dissertation, Individual research project, Completed

    Re­spons­ib­il­ity and Sanc­tion­ing of Cor­por­a­tions: The Role of Com­pli­ance Meas­ures

    Project Lead: Marc Engelhart

    Cases such as the bribery scandal at Siemens pose the question of the sanctioning of corporations and the necessity of in-house measures for the prevention of criminal activity. This study analyzes the German and US-American law of corporate sanctions, paying special attention to new forms of "regulated self-regulation" (especially the so-called compliance measures). Proposals for the reform of...