Law
Sören Lichtenthäler
Besitzverbot und Eigentumsschutz
Eine Untersuchung zur Reichweite der Garantie des Eigentums an »verbotenen« Sachen in straf- und zivilrechtsdogmatischer Hinsicht
[Prohibition of Possession and the Protection of Property. An Examination of the Scope of the Guarantee on Ownership of Forbidden Goods with Regard to Criminal and Civil Law Dogmatics.]
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Published in German.
Sören Lichtenthäler investigates the extent to which things it is unlawful to possess can nevertheless be suitable objects of crimes against property or assets. In contrast to the well-known dispute in Germany as to whether, for example, the possession of stolen goods might be protected by criminal law, it is the allocation or assignability of the unlawfully possessed objects themselves that is problematic here. How is it possible to acquire property rights for illegally possessed items (that are also illegal to acquire)? What sense does it make to defend such rights? And should they be justifiable in criminal law? The answers to these questions can only be found by dealing with far more fundamental questions of criminal law and property theory.