Coercion
Under offenses against the freedom and the peace of a people "refers to offenses, but which affect the personal freedom of one or more people or the guaranteed them by the right state of peace. "
- 2.1 Taking of Hostages
Systematics and legal families
Personal freedom is one of the key political concepts of Western democracies and has regularly constitutional status. In contrast, seems surprising at first glance that the criminal laws are just scattered to find their protection often in the criminal law codifications. The systematics of freedom offenses here differs greatly from jurisdiction to jurisdiction.
His explanation of this finding is in the historical genesis of freedom offenses. Among them are, of course, older and oldest criminal offenses, but the actual wedding of freedom and peace offenses dated to the period after the Enlightenment and the French Revolution. While the protection against encroachments on the part of citizens was early to see the criminal repertory developed only with the Enlightenment, the idea of protecting the citizens and against encroachments of the state in its freedom by law. Freedom and personal peace ultimately find their core in the general right to privacy and human dignity; as politically dazzling " modern complex terms" she escape so far a complete recording only by the legal doctrine, which is why quite comparable systematic structures previously could not develop.
Historically referred freedom first the physical freedom of movement, and therefore the ability to change his whereabouts. From enslavement, robbery, kidnapping and false imprisonment incarceration which developed as a fundamental type. Only the changed understanding of freedom of the Enlightenment created a broader criminal-law protection of the freedom of space. Therefore, the development of coercion is one of the products of the 18th century. Your subject of protection is no longer just the freedom of movement, but the volitional activity as such.
Jurisdictions with scattered facts
In the German Criminal Code to offenses find very scattered on the protection of personal freedom and peace. The personal peace is unknown as of protection. The most important facts are:
- Trespassing in § 123 and § 124
- Kidnapping, kidnapping, coercion and threat in § § 234 et seq
- Violation of the personal life and secret area in § § 201 et seq
The system is similar in Austria and Switzerland, where freedom offenses is also available beside the Ehrdelikten.
Jurisdictions with a closed system
Especially in the Scandinavian countries, efforts were made to protect freedom and personal peace systematically closed to codify. The replaced since 1965 Swedish Strafflag of 1864 regulated the freedom and peace offenses in a separate section 15. Although the applicable Danish law differs for peace and personal freedom, both controls but immediately after each other. However, the trespass is among the offenses against the general order. A similar closed system also offer Spain, Brazil and Chile. In some states, even robbery and kidnapping is considered a crime against the family and morality.