Nachteilsausgleich bei nicht möglicher Gesamtstrafenbildung

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Abstract Determining overall penalties is limited by §§ 53–55 of the German penal code (StGB). In particular individual cases, Germany’s legal system permits compensation if an overall penalty cannot be determined. Until now, there has been no stringent system which can be used to specify in which cases and in which way this kind of compensation should be granted if §§ 53-55 of the StGB are not applicable. The author of this book has developed such a system. She has pinpointed the ratio legis behind § 53 of the StGB: any circumstances involved in determining the length or nature of a criminal sentence may not be considered twice as a result of the principle of culpability. After showing the limitations of subsequently determining an overall penalty according to § 55 of the StGB, she discusses whether there is a disadvantage in cases in which determining an overall penalty is not possible because an initial ruling has already been made, or because the perpetrator of a crime has been convicted before committing a second crime or is convicted by a foreign state. Finally, her discussion closes with a proposal for reforming §§ 53 ff. of the StGB.