A Remark on the Temporal Dimensions of Different Legal Orders
by Silvia Tellenbach
Question(s) at stake
Whether it is possible, when sentencing, to take into consideration the ideas of a person who has grown up in a foreign legal order.
Outcome of the ruling
As a rule, it is possible to take into consideration the ideas of a person who has grown up in a foreign legal order in sentencing but the concrete circumstances of the individual case have to be examined.
Country:
Official citation
Federal Court of Justice, Judgment of 27 January 2011, 2 StR 493/10 (BGH, Urteil vom 27. Januar 2011, 2 StR 493/10)
Topic(s)
Keywords:
Bodily harm Sentencing Mitigating circumstances
Tag(s):
Infliction of bodily harm causing death
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany)
Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').
Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.