Schuld Und Strafmass

In German Criminal law one of the major principle is that nobody can be convicted without an allegation of guilt. This basic principle is one of the irreversible principles of the Constitution based on dignity of man. Therefore, German Criminal law is also known as 'law of guilt'. Despite this superior ranking, the concept of guilt stays unsatisfactorily vague. What can be called the essence of being guilty so that man's responsibility can be treated as a fact? In a first part 'Schuld und Strafmaß' is trying to give answers. The second part is dedicated to define a legal entity, which will allow combining both classic doctrines of justification and the assessment of the penalties in form of a common denominator. The theory of 'differential sentencing' ('differentielle Strafzumessung') promises to be this aimed concept by strictly implementing the constitutional rule of equality.