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JUSMEUM - legal communications 2.0

is four weeks ago, the new legal website www.jusmeum.de went to the start JUSMEUM has set itself the goal. to be the first point on the Internet for lawyers and litigants.

combines JUSMEUM To this end, a legal search engine, a network feed (as with Facebook and Twitter), a presentation opportunity through user profiles, and more on a global approach of the legal communication 2.0.

The search engine is for lawyers already so better than Google because it only reflects the legal content of the Internet (for example, the total above-court case law, legal blog posts Open access publications, articles from professors, and more scans) and this sorted by legal criteria. In addition, the same result in the document type (eg "Court") and displays the most frequently mentioned legislation. Very practical.

over the network feed can they found content to the other participants to present and discuss together.

The presentation features allow such students and trainees to present themselves for internships and career lawyers, prosecutors could introduce potential clients that science can be networked into practice and vice versa. Overall JUSMEUM 770 registered members already have in this short time and apparently growing rapidly.

Best of all JUSMEUM is free!

I recommend everyone to register!

Lest you

Denise Milani In Long Dress

read command

the omission offenses by the chapter in a textbook of your choice.

as basic tips I recommend:
Maiwald, Jus 1981, p. 473 and Schünemann ZStW 96, 287 Scheffler, to participate in the suicide

law:
OLG Hamm - lifeguards
BGH Detective
BGH clean Schiffer
BGH defense
BGHSt 27, 10 assault in apartment
BGH Road
BGH heroin release BGHSt 33, 66
BGH Divorce
BGH I ngerenz despite complicity binge?

Forced To Smell My Foot

Another case to the criminal omission

Another case of omission:

Xavier (X) is seriously ill and is in a coma. In the still sane state he has stated that he requested the termination of life support if he has to live only a few days and there is no prospect of improvement. When that time came, consulted the doctor in charge of Prof. Brinkmann members of Xavier, who had knowledge of his last wish. Together discontinuation of treatment is decided. Then switched Prof. Brinkmann heart-lung machine to Xavier is connected from. A little later, Xavier died in the Black Forest clinic.

penalty of Professor Brinkmann?

modification

Does anything change when Brinkmann X with manual cardiac massage and mouth-to-mouth resuscitation alive and then stop doing it even though it was no agreement or out of Brinkmann himself? (Are other tools, it is not just tired and Brinkmann).

Lots Of Phlegm In Morning

negligence

The world of negligent offenses

the Criminal Code, although negligence is an important criterion, as in § § 222, 229, 18, etc. Also, it is determined in § 15 that negligence punished only if it is explicitly driven (BT). A standard such as § 16 I, the precise details as to the content of the intention is there, unfortunately not for the negligence, at least not in the Penal Code. "Negligence" must be filled out but somehow content. After
hM is the core crimes of negligent breach of duty of care. This can be done haranziehen the Civil Code or similar assume that the drafters of the Penal Code have known from the civil law concept of negligence tacitly assumed.

§ 276 II BGB

" acts negligently if he to observe the relevant normalized care disregard. "

has to look like the care that results in" substantially "from the duties of care in other areas of law are. How to behave in traffic, for example, says the Highway Code.

What is negligence?

§ 276 II BGB: The disregard of due diligence?

What is required? Who determines the necessary care?

Civil Law: the ordinary traffic circle

Criminal Law: care standards from other areas, such as road traffic regulations, ordinances etc. But the standards are partially constrained for criminal liability, or lead to the criminalization of licentiousness! eg "injuries in javelin in physical education must be avoided at schools" would apply this standard would javelin generally prohibited, but it should not be straight. Therefore only indicative effect
, such evidence may be rebutted by the recording instrument of "objective attribution. It then goes from not having a duty of care is breached and the success is causally attributable to the negligent act.
Rather, a careful average Observer instead of the offender (hence objective) also have predicted the success need for admission and cogent evidence. This is the obj. her zurechnugn known spot "atypical causal histories," we can and must not be prepared for all possible eventualities, however absurd. This can and should have foreseen according to M. h. already eliminated the criminally relevant duty of care violation! (So item 4 in the testing scheme)
Success admission must be recognized also by the protective purpose of the criminal law standard of care external (protective purpose of the standard) and (hypothetical) lawful Alternative behavior may not just lead to success caused by the offender (Pflichtwidrigkeitszusammenhang). Next play the interference of third parties or eigenverantwortlcieh Selsbtgefährduing a role. (It then goes to the obj. Zurechnugn in the narrow sense, that is the point 5, a largely unwritten Tatbestandsmerkamel. The fact is must be the work of the perpetrator. Only the Pflichtwidirgkeitszusammenhang still hiding in the little word ...." by 'negligence caused ...
there are no special standards must be found based on experience sets a special duty of care. Such is, if concrete evidence objectively according to experience or to the increased special knowledge of the offender to the legal right or cause injury are still not generally allowed, and had therefore held a special ennen average person in the situation of the perpetrator of the act. So here is a before seeing PERMIT and must be studied.

Detailed examination scheme negligence

1.Täter, Taterfolg and other specific offense characteristics

wrong

2.Handlung the offender

3 . causal link between action and success

4.Objektive care Deficiency objective foreseeability of the success and the main causal history (objective = careful Durschnittsperson from the roundabout of the offender)
a) limit the duty of care by Illegal risk and
b) principle of confidence

5.Objektiver attribution relation between action risks and success
a) protective purpose of the standard
b) self-responsible self-endangerment
c) Pflichtwidrigkeitszusammenhang (legitimate alternative behaviors, avoidance str.)

II illegality

How willful offense absent-justification?

III. Debt

1.Schuldfähigkeit, § § 19-21

2.Spezielle debt characteristics

3.Subjektiver care violation of subjective foreseeability of the causal history and success
scale = personal knowledge and skills of the offender

4.Fehlen excuse of the wrong reasons

5.Möglichkeit consciousness, § 17