Freedom of will and criminal law

摘要

It is shown that, concerning penal law, the problem of free will is mainly relevant in connection with the principle of culpability. Different conceptions of this principle in penal law are discussed. Following the point of view of this article, the legal system postulates that adults are, in principle, able to follow legal norms in free decision. This is compatible with empirical findings and corresponds to the way human beings see themselves. The principle of culpability protects against inappropriate interventions of the state.