Investigating the Issue of the Execution of Illegal Orders by Military Personnel under the Concept of ZumutbarkeitTaking the “Mauerschützen” Case in Germany as Core Material-
Date Issued
2008
Date
2008
Author(s)
Yang, Hao-Chieh
Abstract
The conclusion of this thesis will be as follows. The standard to estimate the “Possibility of Expectation (Zumutbarkeit)” under the Criminal Law should be “when people at the point of the time to act, the incentive not to offense the Criminal Law is much smaller than the incentive to take that action, and we can’t expect people to take that legal action. We can affirm that to expect people taking a legal action at that point is impossible.” According to the “Mauerschützen” Case in Germany”, under the milieu of East Germany totalitarian despotism where the nation strongly implanted ideology concept to their people, the frontier guard received socialism education which accentuated the importance of royalty to their nation. In addition, the frontier guard in the military was at the lowest position and had no right or power to make any decision.Therefore, when we think about the milieu at that time and the frontier guard’s position in the military, the action to shot the escaped citizens should be considered that the action didn’t offense the Criminal Law because there was no “Possibility of Expectation (Zumutbarkeit)” to ask the frontier guard to take a legal action not to shot the citizens.
Subjects
Possibility of Expectation (Zumutbarkeit)
Mauerschuetzen
Military Personnel
the Execution of Orders
SDGs
Type
thesis
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