期刊名称：Zeitschrift für Internationale Strafrechtsdogmatik
印刷版ISSN：1863-6470
出版年度：2014
卷号：2014
期号：9
页码：389
出版社：Editors of ZIS
摘要：This article aims at presenting the different types of criminaloffenses related to forms of organizations in German CriminalLaw: in particular the laws against criminal and terroristorganizations and gang-related criminal offenses. In thecourse of the presentation, the definitions of the terms „criminalorganization“ and „gang“ will be examined and differentiatedfrom each other. The EU-framework decisions oncombating terrorism and on the fight against OrganizedCrime introduced a new definition of the term „organization“.This led to a lively debate among German legal academicsand courts, concerning especially the distinction from criminalgangs. Moreover, the legally protected interest and, thus,the legitimation of the criminal offenses are to be examined,especially regarding the aspect of criminalization of activitiesin the early stages of committing a crime. As examplesfor organization-related criminal offenses „holding oneself inreadiness for an Activity as an Agent for the Purpose ofSabotage on instruction of a criminal organization“ (§ 87StGB) and the establishment of relations with a terrorist organization(§ 89b StGB) are to be mentioned. Further criminaloffenses concerning the relationship between the collectiveand violence are the acts of violence in a crowd (riot andsevere trespass), the formation of armed groups (§ 127 StGB)and the qualified criminal offenses concerning jointly committedbattery and rape.
