期刊名称:Zeitschrift für Internationale Strafrechtsdogmatik
印刷版ISSN:1863-6470
出版年度:2009
卷号:2009
期号:06
出版社:Editors of ZIS
摘要:When exporting goods the effort of avoiding any risk of vio-
lating a provision of foreign-trade law appears to be self-
evident, especially in criminal law. Yet, with regard to pure
domestic delivery the problem does not seem to arise. How-
ever, as widespread as the assumption may be in the business
world, it may indeed be rash not to consider the possibility of
participation in an export-related offence committed by an-
other party. The following article considers the question of
the conditions under which domestic deliveries may become
relevant under German criminal law. Beginning with the
general issue of criminal liability of innocent conduct, the
article shall demonstrate that such domestic deliveries can be
the basis of a criminal offence – whether committed inten-
tionally or negligently. Nonetheless, the principle that no-
body has to anticipate illegal conduct by a third party does
force a strict interpretation of the relevant provisions in
criminal law. Furthermore, it is the opinion of the author that
an objective in legal policy should be to restrict criminal
liability in the discussed cases to those cases in which the
participation in the export-related offence was committed
with the knowledge thereof.