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- Title
§ 172 StGB - eine entbehrliche Strafnorm?
- Authors
Zehetgruber, Christoph
- Abstract
The following article deals with a very controversial criminal provision, § 172 StGB, which punishes the conclusion of a valid marriage or a life partnership if such a relation between two people does already exist in a legal binding matter. Beside illuminating the genesis and historical foundations of this provision, the article shows the problems with its basis of validity, the legally protected interest (Rechtsgut), and the problems ocurring from the civil provision of § 1306 BGB which forbids double marriages, respectively, double life partnerships as well. Because of many issues combined with § 172 StGB, the author finally votes for an abolition of the addressed criminal provision.
- Publication
Neue Kriminalpolitik, 2019, Vol 31, Issue 3, p319
- ISSN
0934-9200
- Publication type
Article
- DOI
10.5771/0934-9200-2019-3-319