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Faculty of Law, Business, and Economics

Chair of Criminal Law III - Prof. Dr. N. Nestler

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darknet

Criminal liability on Darknet

Current debates and reform projects are increasingly focusing on the creation of a new § 126a StGB for the criminalization of platforms on Darknet.  Therefore, Theresa Bächer’s dissertation project focuses on the issue of whether existing regulations for assessing the criminal liability of the platform operator on Darknet are sufficient or whether there is an actual need for legislative action. The assessment of criminal liability under existing law initially involves a large number of problematic areas of material criminal law. With regard to the integration of a platform operator's conduct into existing criminal law principles and scene-specific criminal offences, sometimes a considerable amount of justification is required. Within this interdisciplinary matter between criminal law and media law, special attention is also paid to the issue of whether and to what extent the assessments of the liability provisions of §§ 7 to 10 TMG, which are shaped by Union law, are gaining importance with regard to general principles of criminal law.


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