Abstract

The purpose of this paper is to inquire into the fundamental changes introduced by the new version of the German Penal Code,1 to analyze their sources in modern trends of penal law theory and reveal shortcomings in such theory derived from methodological errors. Within the limitations dictated by considerations of space, an effort will be made to compare the results of the German reform with the latest developments in theory and structure of Anglo-American criminal law. The first part of this discussion, descriptive and only incidentally evaluative, will be followed by a methodological inquiry.

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