Erste Erfahrungen mit der Rechtsprechung zur nachträglichen Sicherungsverwahrung

摘要

Due to the management of § 66 of the German penal code by prosecution authorities and the first tribunal decisions, reasonable doubts have arisen whether the legislator lost sight of his objective to focus only on the few most dangerous offenders. However, this apprehension has been dispelled by first decisions of the German Federal Supreme Court (BGH).At least as a general rule, the BGH pursues a restrictive tendency. In their judgements and resolutions they set high requirements on the findings of “new actualities”. In spite of the mostly supportable jurisdiction, the BGH decisions in cases of confirmed tribunal judgements are underwhelming.