Instructor(s) Dickey, Walter, Gropp, Walter, Wania, Florian
In Fall 2012, European Union Law will be taught by three scholars. In the first half of the course, Giessen Visiting Professors Walter Gropp and Florian Wania will provide an “Introduction to Substantive German Criminal Law”. Prof. Walter Dickey will teach the second half of the course, which will begin with a brief comparison of the German system with the US; the balance of Professor Dickey’s half will then explore advanced substantive criminal law topics, with emphasis on sentencing. The course will be taught in a seminar format, assuming the class size permits.
In the first three weeks of the course, Professor Walter Gropp will give a general introduction to the principles of German Criminal Law as a part of the (European) Civil Law systems. After working out the role of criminal law in society and the Civil law system, the main focus will be on the General Part of the German Criminal Code. The class will figure out the defining principles underlying this code. As well, the focus will be on what the German Criminal Code understands as a criminal act and the structural elements required. Frequently, the aspect of a national criminal law integrating into the EU structures will be discussed.
In the second three weeks of the course, Professor Florian Wania will cover homicide offences. This will include focusing on the relevant legal provisions of the German Criminal Code as well as their systematic principles and the historical roots of the current concept (I – II). After discussing special problems of sanctioning homicide offences connected with lifelong imprisonment and examining the criminological/statistical facts (III), the class will work on widely discussed homicide cases tried before the Federal Court of Justice: the /Rotenburg-Cannibal-Case/ (IV), the /Domestic-Tyrant-Case/ (V) and the / Hamburg/-/Honor-Killing-Case/ (VI). The students will be encouraged to compare the German solutions with the potential outcome under Wisconsin law. The aim is to provide a basic knowledge of the principles underlying the German concept, enabling the students to work on current cases and engage in comparative discussions about the different legal systems.