Transfer of Prisoners
am 24.11.2006 von German American Law Journal :: American Edition
CK - Washington. On November 24, 2006, the second chamber in Berlin, Bundesrat, approved a statute to amend two statutes on the transfer of foreign prisoners to their home countries. The amendments facilitate the return of sentenced persons in order to resocialize them in their home environment and to permit the execution of sentences of persons who flee the jurisdiction.
In the latter case, the sentencing jurisdiction would traditionally request the extradition of the criminal. Such a request would often be futile because many countries do not extradite their nationals. They may be inclined, however, to execute the foreign sentence. One of the new rules would assign the execution of the German sentence to the foreign authority, without requiring the consent of the criminal, so that a sentence may be carried out in the home country.
The German amendments--based on the principle of mutual recognition of judgments in criminal …
Transfer of Software
German American Law Journal :: American Edition / CK - Washington. A decision on software law by the German Supreme Court in Civil Matters, Bundesgerichtshof, in Karlsruhe is the subject of Arne Trautmanns careful analysis in the Law Blog on October 10, 2005. The decision of March 3, 2005 in …
More Extraterritoriality
German American Law Journal :: American Edition / LL - Washington. The German Federal Ministry of Justice prepares to close of a gap in transnational corruption enforcement. On May 30, 2007, the federal cabinet in Berlin decided to amend the corruption provisions of the German Crimin…
Court Expands Jurisdiction
German American Law Journal :: American Edition / CK - Washington. Today, the Cologne Circuit published a press release in the matter 16 U 36/04 explaining its ruling on an interlocutory appeal dated September 12, 2005. The court expands the jurisdiction of German courts and possibly other Eu…
Jail for DA and Lawyer
German American Law Journal :: American Edition / CK - Washington. Recently, a Mannheim DA and a Munich attorney have been sentenced to jail for bizarre conduct. The DA received a suspended sentence of eight months for passively neglecting and actively suppressing the prosecution of a crimin…
Phone Surveillance Rules
German American Law Journal :: American Edition / CK - Washington. One of the many revised German laws that entered into force on January 1, 2008 governs the expanded authority for phone taps in the criminal procedure code. The statute is available from Bundesanzeiger Verlag as a PDF with th…
What to do with long German sentences/Lange deutsche Sätze trennen beim Übersetzen?
Transblawg / German sentences are longer than English ones, in general. (Must find statistics) So they sometimes need to be broken up on translation into English. Maybe not in statutes (because German statutes are sometimes quoted by the half-sentence, or alterna…
German Criminal Code translation/Englische Übersetzung des StGB
Transblawg / Wildy announce a forthcoming new translation of the German Criminal Code (Strafgesetzbuch) by Professor Michael Bohlander of Durham University. He also intends to publish a book on German criminal law this year. I think Ill wait to see the lat…
Export to UK, Re-Export to Iraq
German American Law Journal :: American Edition / CK - Washington. A German export control case that resulted in a criminal conviction is the topic of a discussion in the Lichtenrader Notizen blog. A German company equipped Japanese SUVs with reinforced shielding and obtained several export l…
Anonymous Defamation on American Servers?
German American Law Journal :: American Edition / CK - Washington. Two German decisions on the liability of forum owners for objectionable comments left on web sites may lead to more users in Germany moving questionable discussions to American servers. Although forum providers enjoy some insu…
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