Principle of Proportionality

Principle of Proportionality in Europe

Principle of Proportionality in Germany

Provisions relating to principle of proportionality in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Seventh Title, Confiscation and Deprivation Orders,” located in Section 74b Principle of proportionality, which reads: (1) If deprivation is not otherwise prescribed it may not be ordered in cases under section 74 (2) No 1 and section 74a if it is disproportionate to the significance of the act committed and the blameworthiness of the principal or secondary participant or of the third party in cases of section 74a. (2) In cases under section 74 and section 74a the court shall defer the deprivation order and impose a less incisive measure if the purpose of a deprivation order can also be attained thus. Particular consideration shall be given to instructions 1. to destroy the objects; 2. to remove particular fittings or distinguishing marks from or otherwise modify the objects; or 3. to dispose of the objects in a specified manner. If the instructions are carried out the deferment order shall be rescinded; otherwise the court shall subsequently order the deprivation. (3) If deprivation is not otherwise proscribed it may be limited to a part of the objects.

Principle of Proportionality in Germany

Provisions relating to principle of proportionality in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Sixth Title, Measures of Rehabilitation and Incapacitation,” located in Section 62 Principle of proportionality, which reads: A measure of rehabilitation and incapacitation must not be ordered if its use is disproportionate to the seriousness of the offence committed by or expected to be committed by the convicted person and to the degree of danger he poses to society.

Resources

Notes

  1. The content of the translated German penal code in relation to principle of proportionality is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to principle of proportionality is current as of 2010

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