Strukturbedingt unbestimmte Straftatbestände : Zur Verfassungswidrigkeit des § 315d StGB

Abstract

Based on the prohibition of motor vehicle racing, the study proves that Art. 103 Section 2 GG requires precision not only with regard to the wording of the provision, but also with regard to the system of the provision. § 315d StGB is not amenable to a clear, consistent interpretation because the legislature has not provided the provision with a recognizable test program. The internal relationship between individual elements of the offense as well as the relationship to criminal offenses under road traffic law and offenses against life prevent a more precise definition. Based on this finding, the work develops a standard for the certainty of criminal laws that goes beyond § 315d StGB: a requirement for clarity in the systematics.