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  • 标题:Inlandsgeschäfte als außenwirtschaftsstrafrechtliches Risiko
  • 本地全文:下载
  • 作者:Von Prof. Dr. Mark Deiters, Münster
  • 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.
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