Der Kannibalen-Fall

The cannibal case in Germany is highly spectacular. It raises numerous questions in dogmatics and constitutional law which even lecturers at American universities are discussing with their students. The problem here is how to weigh the unique coincidence of the victim's request to be killed against the perpetrator's perverse motivation and his abominable offence. Jörg Scheinfeld explains why the lawmaker allowed the crime to be classified as killing on demand in accordance with the German Criminal Code. In addition, he shows that in sentencing the accused to life imprisonment, the Frankfurt Criminal Division violated the principle of equal treatment, and also violated the concept of guilt repeatedly. Using this case as an example, the author develops basic principles for interpreting and applying all subjective criteria for murder in accordance with the constitution.