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Catherine DePino - Excuse Me, Your Participle's Dangling

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Catherine DePino

Excuse Me, Your Participle's Dangling

2013

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3 Sentence Fragments and Run-On Sentences S. 27-30

„… sentences?To separate independent clauses you need something stronger than acomma. Try a semicolon, a …” „… Chapter ThreeSentence Fragments and Run-OnSentencesBig-Time Blunders CorrectedSentence fragments …” „… and run-on sentences always earn me patheticmarks in my essays: C- or worse. Help!If you truly want to …”

2 How to Build a Sentence from Start to Finish S. 11-26

„… need both a subject and a predicate to build sentences.Example: The hungry squirrel nibbled the …” „… about direct and indirect objects. Now we’ll turnto clauses, the building blocks of sentences.Why do I …” „… sentence.Some teachers say that you should read a sentence aloud and insert apunctuation mark when there’s a …”

6 Commas, Part I S. 43-54

„… the following two sentencesand see how the first one, positioned at the beginning of the sentence …” „… structure now, I’ll spend the rest ofmy life deciding how to punctuate sentences.Use a comma if the …” „… in different places in sentences. Note the different positions in thesetwo sentences:Example 1 …”

5 Dangling and Misplaced Modifiers S. 35-42

„… ofdangling modifiers sometimes appear in sentences.Here’s an example of a dangling modifier introduced by an …” „… prepositional phrases or mod-ifying clauses correctly in the sentence. If you don’t, you could find …” „… danglingmodifiers. These sentence foul-ups can make your sentences read like badone-liners at Comedy Central.Humor …”

Answer Key S. 111-120

„… sen-tence.QUICK QUIZ #5: WRITING DIFFERENT TYPES OF SENTENCESExamples of Different Sentence TypesSimple Sentence …” „… sentences yourself first, and then if you had trouble with any of thequestions, go back and figure out where …” „… 5. S: man; P: isQUICK QUIZ #4: SENTENCE TYPES1. C: This sentence has two subjects, Lionel and nobody …”

1 Verbs S. 1-10

„… Chapter OneVerbsThe Lifeblood of SentencesWhen you start college, you’ll begin your study of …” „… ? I’ve heard alot about sentences, clauses, phrases, and pronoun agreement, and mostof it boggles my …” „… verbs, the lifeblood ofsentences. Without action of some kind, you can’t have a sentence. Verbsmake your …”

11 Writing Style S. 95-102

„… two sentences:Formal topic (third person, one): Medical research has proven that onemust avoid …” „… all people in alltimes and writing about it as no one else could.Try paring down this wordy sentence …” „… use it.ENDING A SENTENCE WITH A PREPOSITIONA lot of people say it’s not a good idea to end a sentence …”

4 Adjectives and Adverbs S. 31-34

„… sentences.Use your best instincts to tell you when to use adjectives and adverbs.Read your sentence aloud. Would …” „… carry your sentence. Here are some exam-ples: convertible or CRV instead of car (specific versus general …” „… enhancea sentence. For the most part, however, let your nouns and verbs carry theweight of your …”

12 How to Write Under Pressure Using a Foolproof Plan S. 103-110

„… words or phrases(not sentences—there isn’t enough time) your best ideas for answering thequestion.Since …” „… to do is write a topic sentence that takes into account thequestion and possibly repeats part of the …” „… question. After you do this, give anidea in your topic sentence of how you intend to answer the question …”

7 Commas, Part II S. 55-58

„… sentence’s meaning, you wouldn’t use acomma. However, if the appositive just presented extra information or …” „… wasn’tnecessary to make the sentence clear, it was considered a nonrestrictiveappositive and you would use a …” „… comma.It’s the same with clauses and phrases in a sentence. Use a comma if youbelieve the clause or phrase …”

9 Agreement Problems S. 71-80

„… and sentence fragments thatcan make my writing look bad?Along with run-on sentences and fragments …” „… wonder which verbs to use withprepositional phrases.Remember to look for the subject of the sentence …” „… the sentence is knowledge, which is singular in number.Therefore, use the verb astounds, which is also …”

8 The Rest of the Punctuation Marks S. 59-70

„… semicolon in place of a conjunction. It’s another way to write acompound sentence and to add variety to your …” „… I’ll return because every bone and muscle throbbed.In this sentence the semicolon takes the place of …” „… the conjunction but.You’ll also want to use a semicolon between parts of a sentence joined bythe …”

Preface

„… : How to Use This Book ixAcknowledgments xi1 Verbs: The Lifeblood of Sentences 12 How to Build a …” „… Sentence from Start to Finish 113 Sentence Fragments and Run-On Sentences: Big-Time BlundersCorrected 274 …” „… AvoidThem 356 Commas, Part I: How They Help Sentences Make Sense 437 Commas, Part II: How to Punctuate …”

10 Words Often Confused S. 81-94

„… , that: If the clause is restrictive (important to the sentence),use that. If not, use …” „… beginning with which isnonrestrictive because it is not vital to the sentence meaning.)The school principal …” „… it’simportant to the sentence meaning. If we used which, didn’t usethat, and inserted a comma, we’d be implying …”

doi.org/10.5771/9781475802788

William Elliott Hazelgrove - Greed in the Gilded Age

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William Elliott Hazelgrove

Greed in the Gilded Age

2022

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Ch34. THE SENTENCE S. 157-160

„… . Judge Taylor then asked if she had anything to say as to “why the sentence should not be pronounced.”6 …” „… . Two years’ imprisonment was imposed for the first four counts and for the remaining two a sentence of …” „… for good behavior. Attorney Dawley protested that there should really be only one sen-tence on the …”

INDEX S. 187-192

„… , 7–15; and sentence, 158–160; and transformation, 165; and trial, 1–6, 101–104, 122–125, 149–152; and …” „… , 35; prison sentences, 71–75, 80–81, 159–160Keeler, prosecutor, 27, 41, 84, 116, 145–146Keifker …” „… issues, 75; and pursuit, 8; and rumors, 25–26; and sentence, 158–160; and trial, 1–2, 101, 111, 127–128 …”

Ch33. THE VERDICT S. 153-156

„… one—guilty.”“We find as to count two—guilty.”7The same sentence was repeated for the remaining counts and then the …” „… .13“The government moves for sentence, your honor.”156 Chapter 33J. Wing stood up from where …”

Ch13. HARD TIME S. 71-75

„… her former self. Three years hard labor on a sentence of nine. The parole board had seen her as …” „… , where the sentence was affirmed. And then the paper reveals her true identity as “Mrs. Lydia Hoover. She …”

Ch32. CLOSING ARGUMENTS S. 147-152

„… considered by the jury in this case.”14 The newspapers speculated on the sentence if Mrs. Chadwick should be …” „… found guilty of conspiracy on all seven counts. Each count carried a sentence of two years in the …”

Ch07. MRS. BASTADO S. 43-47

„… pince-nez, stick pins, cuff links, and vests, and they spoke in full sentences. Mrs. Bastado felt a kin-ship …”

Ch12. THE BANK FAILURE S. 66-70

„… a sentence of five to ten years, and for C. T. Beckwith it came with the heavier toll of a lifetime …”

Preface

„… The Sentence 15735 The Brilliant Con of Cassie Chadwick 161Notes 167Selected Bibliography 183Index …”

Ch14. THE GOLD STANDARD S. 76-81

„… while in prison that she was paroled in 1893 after having served about two years of a sentence of nine …”

Ch31. THE NEWTON LOAN S. 140-146

„… Carnegie, who destroyed the Cassie Con with one released sentence, “Mr. Carnegie says it is years since he …”

doi.org/10.5771/9781538142912

Charis Papacharalambous - The Aims of Punishment

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Charis Papacharalambous (ed.)

The Aims of Punishment

2020

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Charalambos V. Charalambous The suspension of the Sentence of Imprisonment as a Kind of Sentence S. 227-238

„… The Suspension of the Sentence of Imprisonment as a Kind of Sentence Charalambos V. Charalambous …” „… postponement of execution of an already imposed such sentence. The power to suspend was introduced for the …” „… years later the Terms of Suspension of Execution of Imprisonment Sentence in Certain Circumstances Law …”

Nestor Courakis Constraints on Deciding Sentence Severity by the Judges in Greece S. 239-248

„… IV. Comparative Part (2): The Greek Experience Constraints on Deciding Sentence Severity by the …” „… exhibiting leniency or imposing an aggravated sentence, have remained the same since the adoption of the …” „… decisions on sentence severity. Hence, the procedure that they are assumed to follow is the same since 1950 …”

Tonia Tzannetaki The Potentially Perverse Effects of Front- and Back-Door Penal Policies. The Greek Example S. 249-276

„… sentence – or differently put, at preventing ‘immediate imprisonment’ – such as the suspended sentence, on …” „… sentence served, such as parole and good-time credits. To the extent that legislative interventions in the …” „… makers, by sentencers, practitioners of the Criminal Justice System and academics alike, although often …”

Elisavet Symeonidou-Kastanidou, Yannis Naziris The New System of Penal Sanctions in Greece S. 277-304

„… 29 € and 590 €). A higher minimum or a lower maximum sentence were set for particular felonies or …” „… framework (providing a minimum and a maximum sentence), thereby allowing a margin of discretion to the …” „… meant that the sentence range was three (3) months to five (5) years; certain felonies were punishable …”

Demetra Sorvatzioti Why Sentencing Needs a Separate Trial in the Continental System S. 145-166

„… perspectives and its philosophical and political sources. He suggests that a sentence is just when it is …” „… court in order to determine and decide on a just sentence for a particular offender who committed a …” „… and the types of sentence and evaluates their application either served in prison or in the community …”

Artemis Savvidou The Proportionality Principle as Basic Safeguard Regarding Provision and Imposition of Criminal Sanctions S. 85-98

„… mechanisms of making sentence serving more elastic. The aim here (being 18 See thus Dalakouras 1993: 92 et …” „… denunciation and deterrence without violating proportionality, mandatory sentence is – if the judge has not …” „… ) punishment.37 5.3. The proportionate individualization of the sentence as the main task of the judge …”

Titelei/Inhaltsverzeichnis

„… Sentence of Imprisonment as a Kind of Sentence 227 Contents …” „… VII III. Comparative Part (2): The Greek Experience Nestor Courakis Constraints on Deciding Sentence …” „… : punishment reaffirms law emphatically. The question of the kind of sentence to be imposed the author answers …”

Gorad Meško, Bojan Tičar, Rok Hacin The Aims of Punishment, Sanctioning and Imprisonment in Slovenia – Transitional Criminal Justice Perspectives S. 185-212

„… criminal courts, which determine penal policy and implementation of prison sentences are central in this …” „… years, the most frequent measure has been the suspension of sentences, while the second most frequently …” „… justice system – from designing to implementation of penal measures, especially prison sentences.5 When …”

Charis Papacharalambous Penal Populism and the Aims of Punishment. The Emergence of Policed Democracy S. 21-38

„… that a too severe punishment is to be rejected, and limiting retributivism, holding that a sentence is …” „… ‘sitting on the fence’? How about a limited public input into sentencing, if determination of the sentence …” „… procedure preceding the imposition of the death sentence. 44 Cf. Du Bois-Pedain 2017: 411 et seq. 45 Cf …”

Christos D. Naintos Aims of Punishment and Proportionality S. 99-110

„… deterrent effect than a suspended custodial sentence). Partial deterrence has to do with the offender’s …” „… the means used and their aim.22 More precisely, the length of a sentence of imprisonment or the …” „… the sentence may be affected by other (even utilitarian) criteria. The notion of a desert penalty is …”

Felix Herzog Vindication of Law – The Expressive Signiicance of Punishment in Terrorist Cases S. 15-20

„… ambushing him? According to a basic sentence of the self-defense doctrine an act of self- defense …” „… unlikely to work. Could anybody imagine that a draconic sentence somewhere in a Paris courtroom would …” „… effects of sentencing in these cases. The sentence in an individual case could not solve the political …”

Athanasios Chouliaras, Marinos Skandamis The Intensification of the Preventive Rationale in European Criminal Justice Policies: the Evolution of Dangerousness and its Transformation into Risk S. 121-144

„… , indeterminate sentences, exile to concentration camps and genocide. The transition to a purely authoritarian 22 …” „… sentence, parole, release on license, etc. Floud Report on Dangerousness and Criminal Justice34 published …” „… coordination. Guilt, as a necessary precondition for the imposition of a sentence is replaced by risk …”

Contributors S. 305-312

„… conferences as speaker on the subjects “Suspension of the imprisonment sentence” and “Illegally obtained …” „… publications among others include: The poverty of Justice; Sexual offenders: Crime and Sentence (with A …” „… Mitigating Factor for the Sentence. Email: sorvatzioti.d@unic.ac.cy. Elisavet Symeonidou-Kastanidou is …”

Andreas Kapardis Punishing the Traffic Offender in Cyprus: Practices, Concerns and Future Directions S. 213-226

„… Canada, USA, Australia, and New Zealand, decide sentence severity on the basis of the proportionality …” „… rates, it can be concluded that traffic penalties in Cyprus (monetary, demerit points, and sentences by …” „… Practice, Edinburgh UP Zannouppas, Savvas (2013). Jurisdictional Approach of Sentence (in Greek), Pafos …”

doi.org/10.5771/9783748922384

Kai Ambos, Otto Triffterer - The Rome Statute of the International Criminal Court

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Kai Ambos (ed.), Otto Triffterer (ed.)

The Rome Statute of the International Criminal Court

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2016

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Karim A. A. Khan . Determination of the sentence S. 1892-1901

„… 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 78 Determination of the sentence 1. In …” „… determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into …” „… . 2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent …”

Roger S. Clark . Enforcement of the sentence S. 2191-2192

„… 11:02:58 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 105 Enforcement of the sentence 1. Subject to …” „… conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of …” „… ’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. ‘The sentence of imprisonment shall be binding on States Parties, which shall in no case modify …”

Volker Nerlich, Christopher Staker . Revision of conviction or sentence S. 1987-1998

„… 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 84 Revision of conviction or sentence* 1. The …” „… of conviction or sentence on the grounds that: (a) New evidence has been discovered that: (i) Was not …” „… ., ‘Revision of Conviction or Sentence’, in: R.S. Lee (ed.), The International Criminal Court: Elements of …”

Robert O. Harmsen, Gerard A. M. Strijards . Review by the Court concerning reduction of sentence S. 2211-2212

„… sentence…shall be binding on Austria, which shall in no case modify it’6. Any possible modification or action …” „… of sentence 1. The State of enforcement shall not release the person before expiry of the sentence …” „… pronounced by the Court. 2. The Court alone shall have the right to decide any reduction of sentence, and …”

Roger S. Clark . Transfer of the person upon completion of sentence S. 2197-2199

„… sentence 1. Following completion of the sentence, a person who is not a national of the State of …” „… the person for purposes of trial or enforcement of a sentence. Content A. Introduction/General remarks …” „… of trial or enforcement of a sentence …”

Robert O. Harmsen, Gerard A. M. Strijards . Role of States in enforcement of sentences of imprisonment S. 2174-2187

„… enforcement of sentences of imprisonment 1. (a) A sentence of imprisonment shall be served in a State …” „… sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules …” „… , or the effective enforcement of the sentence, as may be appropriate in designating the State of …”

Roger S. Clark . Supervision of enforcement of sentences and conditions of imprisonment S. 2193-2196

„… 11:02:58 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 106 Supervision of enforcement of sentences …” „… and conditions of imprisonment 1. The enforcement of a sentence of imprisonment shall be subject to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Sentence subject to the supervision of the Court …”

Franziska Eckelmans, Christopher Staker . Appeal against decision of acquittal or conviction or against sentence S. 1916-1954

„… decision of acquittal or conviction or against sentence 1. A decision under article 74 may be appealed in …” „… affects the fairness or reliability of the proceedings or decision. 2. (a) A sentence may be appealed, in …” „… of disproportion between the crime and the sentence; (b) If on an appeal against sentence the Court …”

Kai Ambos, William A. Schabas . Sentencing S. 1872-1877

„… , the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account …” „… the evidence presented and submissions made during the trial that are relevant to the sentence. 2 …” „… additional evidence or submissions relevant to the sentence, in accordance with the rules of Procedure and …”

William A. Schabas . Limitation on the prosecution or punishment of other offences S. 2200-2205

„… enforcement after having served the full sentence imposed by the Court, or returns to the territory of that …” „… formulated as an individual right that protects a person whose sentence is being or has been served from …” „… Evidence2. Rule 214 requires that when the State of enforcement wishes to prosecute or enforce a sentence …”

Claus Kreß, KIMBERLY PROST . Surrender of persons to the Court S. 2047-2059

„… sentence in the requested State for a crime different from that for which surrender to the Court is sought …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 1. Person being proceeded against or serving a sentence in the requested State 52 2. Crimes …” „… of elements I. Paragraph 1 1. Transmission of requests for the arrest 4The first sentence of …”

Robert O. Harmsen, Gerard A. M. Strijards . Change in designation of State of enforcement S. 2188-2190

„… the enforcement of sentences signed thus far, the main authority to decide on a change in designation …” „… enforcement in the Enforcement of Sentences Agreements that have been codified and entered into force thus far …” „… Government of Austria on the enforcement of sentences of the International Criminal Court (hereinafter the …”

Fabricio Guariglia, Gudrun Hochmayr . Proceedings on an admission of guilt S. 1622-1635

„… accused would be allowed to admit his wrongdoing and accept the sentence; the victims and witnesses would …” „… Chamber to amend the indictment according to the plea agreement, recommend a specific sentence or …” „… sentencing range or not oppose a request by the accused for a specific sentence or sentencing range. Whereas …”

Kai Ambos, William A. Schabas . Nulla poena sine lege S. 968-971

„… silent, however, with regard to the precise determination of sentences. The International Covenant on …” „… …’4. The European Court of Human Rights has ruled that capital punishment as well as a sentence of …” „… principle is violated because the ICTY Statute does not set out precise sentences, as is the case in some …”

ROLF EINAR FIFE . Applicable penalties S. 1878-1891

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3. Likely impact of provisions on review by the Court concerning reduction of sentence on the …” „… made under article 80 of the Rome Statute. 4The ICC handed down its first sentence on 10 July 2012 in …” „… generations’4. This line of reasoning has been supplemented, inter alia in the sentence on 23 May 2014 in …”

Franziska Eckelmans, Christopher Staker . Proceedings on appeal S. 1966-1986

„… affected the reliability of the decision or sentence, or that the decision or sentence appealed from was …” „… sentence; or (b) Order a new trial before a different Trial Chamber. For these purposes, the Appeals …” „… sentence has been appealed only by the person convicted, or the Prosecutor on that person’s behalf, it …”

Index S. 2328-2353

„… Appeal 81 1 et seq. – against other decisions 82 1 et seq. – against sentence 81 10 et seq., 64 et seq …” „… . – waiver principle 81 32, 44 Appeal against decision of acquittal or conviction or against sentence, see …” „… Appeal, see also Revision of conviction or sentence Applicable law 21 1 et seq. – applicable treaties 21 …”

Peter Wilkitzki . Rule of speciality S. 2159-2170

„… of execution of the Court’s sentence to a State of enforcement, a transfer that is inevitable as the …” „… sentenced person for the purpose of serving the imprisonment sentence must not be subject to less stringent …” „… 32) waive the rule of speciality altogether39. To that end, the first sentence of paragraph 2 …”

Claus Kreß, KIMBERLY PROST . Contents of request for arrest and surrender S. 2069-2074

„… person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for …” „… been convicted and is wanted for the imposition or service of a sentence, as opposed to 6 Swart, in …” „… sentence in or with the request9. This is standard practice in extradition between States and is …”

Roger S. Clark . Withdrawal S. 2323-2325

„… first sentence of paragraph 2 states a general proposition about accrued obligations which is then spelt …” „… out in more detail in the sentences that follow. Specifically, the first sentence also refers to …” „… sentence of paragraph 2, not to ‘affect any cooperation with the Court in connection with criminal …”

Robert O. Harmsen, Gerard A. M. Strijards . Escape S. 2213-2215

„… . It may direct that the person be delivered to the State in which he or she was serving the sentence …” „… Enforcement of sentences agreements. Using the Agreement between the International Criminal Court and the …” „… Federal Government of Austria on the enforcement of sentences of the International Criminal Court …”

Jens David Ohlin, Otto Triffterer . Mistake of fact or mistake of law S. 1162-1182

„… may build the mens rea required36. As expressed in sentence 2, only in exceptional cases may such an …” „… 2 sentence 1, ‘shall not be a ground for excluding criminal responsibility’. 16 However, consider …” „… ) sentence 1 to these aspects, it is clear that a mistaken belief about one of these elements (‘collateral …”

Morten Bergsmo, Dan Zhu . Prosecutor S. 726-741

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 1. First sentence …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Second sentence …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1. First sentence …”

Elisa Freiburg, Andreas Zimmermann bis. Exercise of jurisdiction over the crime of aggression (State referral, proprio motu) S. 742-765

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 I. Jurisdiction ratione personae and opting-out option (Article 15bis para. 4, 1st sentence …” „… . Withdrawal of opt-out declarations (Article 15 para. 4 2nd sentence) . . . . . . . . . 32 1. ‘The withdrawal …” „… sentence). . . . . . . . . . . . 40 Part 2. Jurisdiction, Admissibility and Applicable LawArticle 15bis 742 …”

Astrid Reisinger Coracini, Immi Tallgren . Ne bis in idem S. 900-932

„… . Relevance of genuine enforcement of sentences …” „… oblige to take into account previously served sentences when determining the punishment (principle of …” „… Inter- American Convention on Execution of Criminal Sentences Abroad (A-57, OAS Treaty Series No. 76 …”

Wiebke Ru¨ckert . Legal status and powers of the Court S. 104-111

„… . Paragraph 1 1. International legal personality 4 The first sentence of article 4 para. 1 expressly confers …” „… wording of the sentence in the Statute, however, it would not necessarily have to be confined to them …” „… by concluding treaties with it, for example. 6In contrast to the second sentence of paragraph 1, the …”

Otto Triffterer, Till Zimmermann . Place of trial S. 1552-1563

„… established tribunals followed these examples. For instance, article 10 second sentence of the ‘Agreement …” „… efficient exercise of its functions’. The same wording appears in article 6 third sentence of the ‘Agreement …” „… in rule 4 IRMCT-RPE, referring (probably) to article 8 para. 3 second sentence IRMCTS (‘as decided by …”

Hirad Abtahi, Rebecca Young . Excusing and disqualification of judges S. 1259-1267

„… analysis of its elements in the following terms: ‘The second sentence … could be understood as a …” „… proscriptive example of the general principle espoused in the first sentence. Accordingly, an example of a …” „… two sentences could be understood to interact in a more wholistic manner so that the second sentence …”

Christoph Burchard, Otto Triffterer . Irrelevance of official capacity S. 1038-1056

„… responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence …” „… 5. ‘in and of itself’ no ‘ground for reduction of sentence …” „… , ‘the official position of an individual …’ with a bracketed sentence according to which the Statute …”

Volker Nerlich, Christopher Staker . Compensation to an arrested or convicted person S. 1999-2003

„… guilty, they should receive financial compensation, and that if found guilty, the sentence should be …” „… sentence from life imprisonment to 35 years: Prosecutor v. Barayagwiza et al., ICTR-99-52-T, Judgement …” „… 6/). In the latter case, the accused was also convicted, and the Trial Chamber reduced the sentence …”

Albin Eser . Grounds for excluding criminal responsibility S. 1126-1161

„… 25 para. 3 (f) sentence 2). Although in some countries, such as France, abandonment is considered …” „… element or (article 32 para. 2 sentence 2 alternative 1) or if it can be traced back to a superior order …” „… or a prescription of law according to article 33 (article 32 para. 2 sentence 2 alternative 2 …”

Kenneth Harris, Donald K. Piragoff . Offences against the administration of justice S. 1752-1760

„… inclusion of the term ‘principles and procedure’ in the first sentence of paragraph 2 makes clear that …” „… and 111. These four articles deal with the role of States in enforcing sentences of imprisonment …” „… , transferring of the person upon completion of his or her sentence, enforcing fines and forfeiture measures and …”

Alejandro Kiss, Otto Triffterer . Requirements for the decision S. 1827-1853

„… ‘that convictions and sentences shall only be imposed by affirmative votes of at least three members of …” „… and sentences. The judgment ‘shall give the reasons on which it is based’, article XXVI, but no …” „… simple majority for the ‘[f]inal judgments and sentences of the Court … of the judges participating in …”

Robert O. Harmsen, Gerard A. M. Strijards . Seat of the Court S. 42-103

„… Courts (Rheinufergerichte) and are obliged to enforce their sentences without any transformation …” „… custodian, will function in the execution of the final and irrevocable sentences of ICC in terms of article …” „… 103 para. 4, where no other State is willing to accept the obligation to execute the sentence in its …”

Kai Ambos . Individual criminal responsibility S. 980-1030

„… , No. ICTR-2000- 55A-T, Judgment and Sentence, TC, 12 September 2006, para. 463 …” „… . Karemera and Ngirumpatse, No. ICTR-98-44-T, Judgment and Sentence, TC, 2 February 2012, para. 1432 …” „… Ngirumpatse, No. ICTR-98-44-T, Judgment and Sentence, TC, 2 February 2012, para. 1432 …”

Yvonne McDermott, William A. Schabas . Presumption of innocence S. 1636-1650

„… . The second sentence, containing 3 Pradel, Droit Pe´nal Compare´ (2008) 249–250; Bassiouni (1993) 3 …” „… paragraphs, each consisting of a single sentence. Several words were underlined, reflecting efforts at …” „… with one minor change in the first sentence, removal of the word ‘the’ in the phrase ‘with the law …”

Roger S. Clark, Otto Triffterer . Exclusion of jurisdiction over persons under eighteen S. 1031-1037

„… sentence: ‘A person is criminally responsible under this Code when he reaches the age of eighteen’5; this …” „… responsible but their prosecution, trial sentence and the regime under which they serve their sentence may …” „… corresponding laws providing special proceedings for juveniles. 14 The execution of sentences on perpetrators …”

Titelei/Inhaltsverzeichnis

„… .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1877 Article 78. Determination of the sentence …” „… against sentence .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1915 Article 82. Appeal against other …” „… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 1965 Article 84. Revision of conviction or sentence …”

Claus Kreß, KIMBERLY PROST . Postponement of execution of a request in respect of ongoing investigation or prosecution S. 2104-2106

„… requested State. The wording of sentence two lays out a guideline for the consultations under sentence 1 of …”

William A. Schabas . Enforcement of fines and forfeiture measures S. 2206-2210

„… additional to a sentence of imprisonment. These comprise fines, the regulation of which is delegated to the …” „… judgments of the court, enforcement of sentences and mutual recognition of judgments’. Views were divided as …” „… accompanying the draft declared: ‘There is a question whether this provision concerns enforcement of sentences …”

Volker Nerlich . Appeal against other decisions S. 1955-1965

„… , convictions, and sentences issued by a Trial Chamber at the end of a trial (which are appealable under article …” „… appeals against final judgments of conviction, acquittal and against sentence. Proposals for an additional …” „… those taken under article 18 para. 2, second sentence, and article 19 paras 1 to 3. Appeals are …”

Roger S. Clark . Amendments to provisions of an institutional nature S. 2306-2308

„… , paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3 …” „… sentences), Court to organize itself into Appeals Division of President and four others, Trial Division of …”

Dov Jacobs, Christopher Staker . Regulations of the Court S. 1353-1365

„… Direction on the Procedure for the Determination of Applications for Pardon, Commutation of Sentence and …” „… Person is to Serve his/her Sentence of Imprisonment, 9 July 1998. Part 4. Composition and Administration …” „… persons who are serving sentences of imprisonment imposed by the Court after their transfer to the State …”

David Donat-Cattin . Reparations to victims S. 1854-1871

„… sentence of conviction as forms of reparations – may include: apology, commemoration, ‘public insurance …” „… replace the causation theory that is required for a sentence of conviction or acquittal. The Trust Fund …” „… by rules 143 (‘Additional hearings on matters related to sentence or reparations’), 96 (‘Publication …”

Eleni Chaitidou, Mohamed M. El Zeidy, William A. Schabas . Confirmation of the charges before trial S. 1485-1551

„… 61(1), second sentence, states that the ‘hearing shall be held in the presence of the Prosecutor and …” „… ), third sentence, in conjunction with rule 119(4) and article 58, as the suspect did not comply with one …” „… counsel. Article 61(2), second sentence, provides that the suspect be represented by counsel where the PTC …”

Yvonne McDermott, William A. Schabas . Rights of the accused S. 1651-1681

„… accused when sentence is imposed is not indispensable, because it says this should take place ‘wherever …” „… following: ‘The sentence shall be pronounced in public and in the presence of the accused’, without the …” „… defences. The first sentence of article 67 para. 1 (e) is virtually identical, aside from the changes to …”

Kai Ambos, Christopher K. Hall, Niamh Hayes, Larissa van den Herik, Joseph Powderly, Carsten Stahn . Crimes against humanity S. 145-295

„… : http://www.legal-tools.org/doc/f0dbbb/), paras. 67–8; Prosecutor v. Musema, No. ICTR-96-13-A, Judgment and Sentence, Trial Chamber …” „… -00-55A-T, Judgment and Sentence, Trial Chamber, 12 September 2006 (PURL …” „… , Judgment and Sentence, Trial Chamber, 25 February 2010 (PURL: http://www.legal-tools.org/doc/068639/), para …”

Claus Kreß, KIMBERLY PROST Preliminary Remarks S. 2004-2014

„… purpose of prosecution or enforcement of a sentence of imprisonment, the transit of a person from the …” „… development, the transfer of the enforcement of sentences evolved into a separate fourth category of …” „… enforcement. Instead, the issue of enforcement of ICC sentences is dealt with in Part 10 ‘Enforcement’. In the …”

David Donat-Cattin . Protection of victims and witnesses and their participation in the proceedings S. 1682-1712

„… understanding of, the penal procedure. This is addressed by the second sentence of article 68 para. 312. The …” „… the combination of the first sentences of paragraphs 1 and 3 of article 68 of the ICC Draft Statute26 …” „… the first eleven half years’ of the Court practice. 13The second sentence of paragraph 1 orients this …”

Elisa Freiburg, Andreas Zimmermann bis. Crime of aggression S. 581-619

„… who might commit any such crime of aggression. 2Under the Kampala amendment, the first sentence of …” „… Tribunal, Charter, Indictment and Judgments (2008) 8. 13 See article 5 para. 2, 2nd sentence of GA …” „… Resolution 3314 (‘Definition of Aggression’). 14 See article 5 para. 2, 1st sentence of GA Resolution 3314 …”

Paula Clarke, Donald K. Piragoff . Evidence S. 1713-1751

„… discussion. At the March–April 1998 session, the second sentence of the present paragraph 2 was added to …” „… . While the first sentence was incorporated with this change in the Draft Statute for an ICC as article 69 …” „… para. 38, the second sentence was thought to be better placed in the article dealing with quorum and …”

Karim A. A. Khan . Initial proceedings before the Court S. 1473-1484

„… sentence in the event of a conviction; the difficulties that may be involved in locating and arresting the …” „… accused prior to the final sentence must be not only socially necessary but also tolerable.’, p. 4 …” „… proposition that ‘If a person is charged with grave crimes, the person might face a lengthy prison sentence …”

Andreas Zimmermann . Transitional Provision S. 2313-2318

„… period of time or may, under article 124 2nd sentence, even before the lapse of such period, be …” „… . At the same time this last sentence of article 124 underlines that the regular review procedure, as …”

Christoph Burchard, Otto Triffterer . Sanctions for misconduct before the Court S. 1761-1775

„… severe substantive offences against the administration of justice that can carry a sentence of up to …” „… sentence. 34 Turner (2012) 45 NYUJIL&Pol 175, at 236. To the same end, Gut, Counsel Misconduct before the …” „… Part 7 of the Statute. Therefore, articles 76 (‘Sentencing’) and 78 (‘Determination of the sentence …”

Raul C. Pangalangan . Non-retroactivity ratione personae S. 972-979

„… . 7. 52 Prosecutor v. Nahimana, Barayagwiza and Ngeze, Case No. ICTR-99-52-T, Judgment and Sentence …” „… that imposes a death sentence on a person without a trial. 2. A special legislative act prescribing …”

Philipp Ambach, S. Rama Rao . Assembly of States Parties S. 2216-2247

„… general terms. The second sentence sets out that the Bureau should ‘assist the Assembly in the discharge …”

Magda Karagiannakis . Official and working languages S. 1324-1332

„… contains the most important types of decisions from jurisdiction and admissibility to judgments, sentences …” „… and appeals. It is noteworthy that the practice of the ICTY has been to publish judgments, sentences …”

Claus Kreß, KIMBERLY PROST . Execution of requests under articles 93 and 96 S. 2148-2155

„… request. The sentence provides a few examples that are not exclusive, in particular, perhaps the most …” „… in some circumstances. 24 f) Direct execution on the territory of a State. This is a key sentence of …”

Philipp Ambach . Relationship of the Court with the United Nations S. 23-41

„… sentences of imprisonment pronounced by the Court in accordance with international standards and norms.114 …” „… number of final judgments and sentences, putting the ICC enforcement regime to the test.115 45 Following …” „… , Sentences of Imprisonment Pronounced by the Court’, 26 September 2014, ICC-PRES/15-02-14 (Official Journal …”

Bruce Broomhall . Rules of Procedure and Evidence S. 1333-1352

„… sentence, and of any decision to maintain detention of acquitted person pending appeal: see Rules 150–152 …” „… revision of conviction or sentence: see Rules 159–161; – article 85 para. 3, Rules to supply criteria for …” „… distribution in enforcement of sentences to be set out in the Rules: see Rule 201; – article 110 paras. 4 (c …”

KIMBERLY PROST . Use of terms S. 2171-2173

„… return for the service of the sentence finally did not prove successful. 1 See Kreß and Prost, article 89 …”

William A. Schabas . Genocide S. 128-144

„… motivations that are legally irrelevant in this context’76. 5. Acts of genocide 19 The preliminary sentence in …” „… the introductory sentence or chapeau of the definition of genocide in order to cover ‘acts that …” „… the law of the state enforcing the sentence124. The ICTR Appeals Chamber, in Musema, confirmed that …”

Hirad Abtahi, Rebecca Young . The Presidency S. 1237-1247

„… encompasses the full cycle of enforcement of the sentences of imprisonment as well as many aspects of the …” „… jurisdiction function, the Presidency may extend the sentence of imprisonment of a convicted person who has …”

Roberta Arnold, Elisabeth Baumgartner, Michael Cottier, Knut Dörmann, Robin Geiß, Julia Grignon, David Krivanek, Sabine Mzee, Emilia Richard, Stefan Wehrenberg, Andreas Zimmermann . War crimes S. 296-580

„… humiliating and degrading treatment; (iii) Taking of hostages; (iv) The passing of sentences and the carrying …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 902 d) Paragraph 2(c)(iv): Passing of sentences and the carrying out of executions without previous …”

Christopher K. Hall, Cedric Ryngaert . Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear S. 1438-1458

„… , detention56, the seriousness of the crimes and the length of the likely to receive sentence57, the person’s …” „… Chamber. 85 See also the wording of the second sentence of this paragraph which only makes reference to …” „… provision is now contained in paragraph 7, second sentence of this article. 39The Prosecutor may apply for a …”

Christopher K. Hall, Dov Jacobs . Rights of persons during an investigation S. 1395-1411

„… investigation before, during and after trial, including inquiries related to revision of judgment or sentence …” „… allegations of arbitrary arrest 9 In contrast, the second sentence of rule 111 para. 2 expressly addresses …” „… offences against the administration of justice, which under article 70 para. 3 could carry sentences of up …”

Christopher K. Hall, Daniel D. Ntanda Nsereko, Manuel J. Ventura . Challenges to the jurisdiction of the Court or the admissibility of a case S. 850-899

„… drafting process until the 1998 Zutphen Draft. See 1996 Preparatory Committee II p. 159 (the first sentence …” „… determine whether it has jurisdiction in a case brought before it, the second sentence of paragraph 1 simply …” „… , Pre-Trial Chamber II, 13 Jul. 2012, para. 10. 19 The second sentence of paragraph 1 had its origin in …”

Odo Annette Ogwuma . Service of judges S. 1205-1216

„… part-time basis as required. Paragraph 2 of article 35 of the Statute is identical to the first sentence of …” „… reference in the first sentence should be made to the ‘President’ rather than the ‘Presidency’. On the other …”

Claus Kreß, KIMBERLY PROST . Cooperation with respect to waiver of immunity and consent to surrender S. 2118-2147

„… immunity ratione materiae is well captured in the second sentence of article 39(2) of the Vienna Convention …” „… Committee of the United Nations General Assembly in 2008. The relevant sentence reads as follows: ‘Immunity …” „… and Sentences, 1 October 1946, (1947) 41 AJIL 221. 77 For a recent brilliant exposition of all this …”

Hirad Abtahi, Rebecca Young . Chambers S. 1248-1253

„… . Paragraph 4 13 The first sentence of paragraph 4 indicates that a judge assigned to the Appeals Division …”

Roberta Arnold, Otto Triffterer . Responsibility of commanders and other superiors S. 1057-1107

„… based its decision on the sentence: ‘[t]he gist of the charge was that he had committed an unlawful …” „… III, under the headline 12. The Verdict and Sentence 34 et seq. 55 Yamashita, UNWCC, XXI Law Reports …” „… obviously appeared to be beyond reasonable doubt sufficient to sentence him71. 65 Green (1997) 1 …”

Magda Karagiannakis . Removal from office S. 1300-1307

„… evidence and to make submissions. The last sentence of the paragraph, i. e., ‘the person in question shall …”

Bruce Broomhall . Nullum crimen sine lege S. 950-967

„… against their own agents.43 The latter feeling is sentence (lex certa), which cannot be interpreted by …” „… legal rule. 48 The first sentence of ICCPR article 15 para. 1 reads: ‘No one shall be held guilty of any …”

GILBERT BITTI . Functions and powers of the Trial Chamber S. 1589-1621

„… appeals against decisions of acquittal or conviction or against sentence under article 81. 9 Informal …”

Roger S. Clark . Settlement of disputes S. 2275-2283

„… judicial assistance to the Court29 and – questions of the modalities of enforcing sentences (mostly of …”

Claus Kreß, KIMBERLY PROST . Requests for cooperation: general provisions S. 2020-2043

„… forms of assistance (article 93). 16 The second sentence gives practical information to the Court about …” „… sentences of paragraph 6 seems to suggest that a distinction has to be drawn between the provision of …”

Claus Kreß, KIMBERLY PROST . Other forms of cooperation S. 2079-2103

„… witnesses who may be in a State but serving a sentence imposed by the Court. In such a case it would not be …” „… at the seat of the Court will be deducted from the sentence being served. 2. Freely given informed …”

Morten Bergsmo, Frederik Harhoff, Jelena Pejic, Dan Zhu . The Office of the Prosecutor S. 1268-1278

„… addition in the last sentence of paragraph 1, which specifies that no member of the Office – 11 Situation …”

Mohamed M. El Zeidy, William A. Schabas . Issues of admissibility S. 782-832

„… . The requirement in the first sentence of article 17(1)(a) that ‘the case is being investigated or …”

Alexander Heinze, Otto Triffterer No title S. 645-657

„… / CONF.183/2/Add.1, 14 April 1998, p. 25. The quoted sentences were repeated with the same wording, only …”

Donald K. Piragoff, DARRYL ROBINSON . Mental element S. 1112-1125

„… Sentence, Trial Chamber I, 6 Dec. 1999, paras. 59–62; Prosecutor v. Jelisic´, IT-95-10-T, Judgment, Trial …”

Giulia Pecorella, William A. Schabas . Preconditions to the exercise of jurisdiction S. 673-690

„… in question’. The Statute describes such a State as an ‘accepting State’. The final sentence in …”

Eleni Chaitidou . Referral of a situation by a State Party S. 704-725

„… ‘self-referrals’. But with the following sentence it may have implied to open the discussion at an appropriate …”

Roger S. Clark . Elements of Crimes S. 620-644

„… sentence: ‘They [elements of crimes] shall be applied by the Court in reaching determinations as to guilt …”

Veronique Caruana, William A. Schabas . Trial in the presence of the accused S. 1564-1588

„… accused, sentence and reparations shall be pronounced in public and, wherever possible, in the presence of …”

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BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… the meaning of § 569a.2 sentence 1 of the Civil Code. 311 I. 1. The contractual relationship with the …” „… does not enter the tenancy. Subsection 1 sentence 2 shall apply mutatis mutandis; if there are several …” „… successful at first instance. The Local Court (Amtsgericht) stated that even if one applied § 569a.2 sentence …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… declaration as to their property status (Article 1 § 1.1 sentence 4). On the application of one or both …” „… individuals making declarations of intention such as are contained, for example, in Article 1 § 1.1 sentence 1 …” „… the relevant law for registered civil partnerships, in Article 17a.2 sentence 1, provides that the …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… 9/04 – in the proceedings for the constitutional review of § 1615 l.2 sentence 3 of the Civil Code …” „… sentence 3 of the Civil Code, on the other hand, is incompatible with Article 6.5 of the Basic Law. 2. The …” „… the Basic Law (Grundgesetz – GG) that § 1615 l.2 sentence 3 of the Civil Code (Bürgerliches Gesetzbuch …”

Index of Statutes S. 957-962

„… Aliens Act – § 2.1 of the 247, 302 – § 2.1 sentence 2 of the 245, 259, 280-282 – § 7.3 of the 272 – § 7.4 …” „… , 236, 266, 278, 296, 304, 377, 379, 386, 393, 732, 738-739, 746 – Article 2.1 sentence 2 of the 264 …” „… , 847 – Article 3.2 sentence 2 of the 384 – Article 3.3 of the 10, 17-18, 24-25, 27-30, 48-49, 103, 106 …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… inhabitants, is incompatible with Article 28.1 sentence 2 of the Basic Law (Grundgesetz – GG). Order of the …” „… whether § 29.2 sentence 1 in conjunction with § 18.1 no. 1 of the Municipal Code of Baden-Württemberg is …” „… compatible with Article 28.1 sentence 2 of the Basic Law to the extent that it does not permit former spouses …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… ” HEADNOTE: The provision contained in § 1671.4 sentence 1 of the Civil Code, according to which joint …” „… right contained in Article 6.1 sentence 1 of the Basic Law. Judgment of the First Senate of 3 November …” „… for constitutional review of § 1671.4 sentence 1 of the Civil Code (Bürgerliches Gesetzbuch – BGB) in …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… proceedings for a constitutional review of § 1616 subsection 2 sentence 1 and subsection 3 of the Civil Code …” „… (Amtsgericht) of 6 September 1996 (107 X B 13/95). RULING: § 1616.2 sentence 1 of the Civil Code in the version …” „… Law Gazette I page 2054) and § 1617.1 sentence 1 of the Civil Code in the version of the Act Reforming …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… ” HEADNOTES: 1. Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG) protects the natural father who is …” „… of Parent and Child is incompatible with Article 6.2 sentence 1 of the Basic Law to the extent that …” „… right under Article 6.2 sentence 1 of the Basic Law. The judgments are reversed. The matter is referred …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… duty to care for and bring up their child which is imposed on parents by Article 6.2 sentence 1 of the …” „… right to parental care and upbringing in Article 6.2 sentence 1 of the Basic Law corresponds with this …” „… Article 6.2 sentence 1 of the Basic Law and the child’s right to parental care and upbringing. It is …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… , 17/95, 16/97 – in the proceedings for the constitutional review of § 3.3 sentence 1 of the Federal Child …” „… BvL 16/97 –. RULING: § 3.3 sentence 1 of the Federal Child Benefit Act in the version of the First Act …” „… accordance with § 10.1 sentence 2 of the Federal Child Benefit Act all the children of the entitled party (as …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… members living in the Federal Republic” HEADNOTES: 1. Neither Article 6.1 nor Article 6.2, first sentence …” „… persons entitled to fundamental rights are able to claim under Article 6.1 and 6.2, first sentence, of the …” „… Basic Law that in deciding on a request for residency under § 2.1, second sentence, of the Aliens Act …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… marriage clauses in orphans’ pensions in social pensions insurance (§ 44.1 sentence 2 of the Salaried …” „… Employees Insurance Act (Angestelltenversicherungsgesetz – AVG) and § 1267.1 sentence 2 of the Reich …” „… the proceedings for a constitutional review 1. of § 44.1 sentence 2 of the Salaried Employees …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… new spouse is prevented from working by the care and upbringing of a child (§ 1582.1 sentence 2 of the …” „… – in the proceedings for the constitutional review of § 1582.1 sentence 2 of the Civil Code inserted by …” „… sentence 2 of the Civil Code, inserted by Article 1 no. 20 of the First Act for the Reform of Matrimonial …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… directed against industrial disputes engaged in by associations within the meaning of the first sentence of …” „… first sentence of this paragraph may include services within the Armed Forces, in the provision of …” „… , participation in training courses may be required by or pursuant to a law. In this case the first sentence of …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… parent (§ 32.4 sentence 1), shall be deemed to be an extraordinary expense within the meaning of § 33 …” „… Deutsche Mark per calendar year for single parents with one child (subsection 1 sentence 1). This amount …” „… within the meaning of subsection 1 for single parents with one child (subsection 1 sentence 1). The flat …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… fundamental right under Article 6.2 sentence 1 in conjunction with Article 20.3 of the Basic Law (Grundgesetz …” „… violation of his right under Article 6.2 sentence 1 of the Basic Law in conjunction with Article 20.3 of the …” „… complaint for decision and grants the relief sought by it under § 93c.1 sentence 1 in conjunction with § 93a …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… right of the complainant re 1. under Article 6.2 sentence 1 of the Basic Law and the fundamental rights …” „… of the complainants re 2. and 3. under Article 6.2 sentence 2 in conjunction with Article 2.1 and …” „… sentence 2 in conjunction with Article 2.1 of the Basic Law and their fundamental right under Article 103.1 …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… following provision is to be applied mutatis mutandis: § 107 sentence 1 no. 5 letter b of the Employment …” „… the time from 1979 to 1997, § 104.1 sentence 3 of the Employment Promotion Act as amended by the Act …” „… sentence 1 of the Third Book of the Code of Social Law as amended by the First Act to Amend the Third Book …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… the duty to care for an illegitimate minor (§ 1705 sentence 1 of the Civil Code (Bürgerliches …” „… countered in another way (§ 1666.1 sentence 1, § 1666a.1 of the Civil Code; see Decisions of the Federal …” „… the child (§ 1629.1 sentence 1 of the Civil Code) and thus in principle includes the authority to …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… from the family in accordance with § 1666.1 sentence 1 in conjunction with § 1666a of the Civil Code as …” „… . Article 6.2 sentence 1 of the Basic Law guarantees parents the right to look after and bring up their …” „… their responsibilities, the state’s watchdog function pursuant to Article 6.2 sentence 2 of the Basic …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… permanent damage arising (Article 6.2 sentence 2 of the Basic Law (Grundgesetz – GG)). Order of the First …” „… care – the preconditions therefor are met (§ 1666.1 sentence 1 of the Civil Code). According to the …” „… compatible with the Basic Law that where the 288 preconditions under § 1666.1 sentence 1 of the Civil Code …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… permit to expire (§ 9.1 sentence 1 no. 4 of the Foreign Nationals Act); an expelled foreign national is …” „… obliged to leave the country without delay (§ 12.1 sentence 2 of the Foreign Nationals Act) and may be …” „… sentence 1 of the Foreign Nationals Act, namely, that no residence permit can be granted, may be limited in …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… subsection 2 sentence 1, the court may only refrain from holding the hearing for serious reasons. If the …” „… violated (Article 101.1 sentence 2 of the Basic Law). What is more, the son was said in this respect not to …” „… contradistinction to § 546.1 sentence 2 no. 2 of the Code of Civil Procedure (Zivilprozeßordnung – ZPO), had not …”

BVerfGK 4, 339 Order of the Third Chamber of the First Senate of 28 December 2004 – 1 BvR 2790/04 “Görgülü II case” Arbitrary review of an unappealable arrangement for access – binding effect of a decision of the European Court of Human Rights – weighing of consequences with regard to contact in the form of access S. 714-723

„… of 2 December 2004, it excluded access between the complainant and his son under § 620b.1 sentence 1 …” „… and 620b.3 sentence 1 in conjunction with §§ 620a.4 sentence 2 and 621g of the Code of Civil Procedure …” „… sentence 2 of the Basic Law. He submitted that the decision of the Higher Regional Court was arbitrary. In …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… (Article 6.2 sentence 2 of the Basic Law) is based first and foremost on the need for protection of the …” „… permanently unknown (§ 1747.1 sentence 2 in conjunction with § 1746.2 of the Civil Code). The Family Law …” „… sentence 1 of the Basic Law to which unmarried mothers were also entitled. As a real fundamental right, the …”

BVerfGE 97, 332 Order of the First Senate of 10 March 1998 – 1 BvR 178/97 “Graduated kindergarten contributions case” Kindergarten contributions graduated by family income S. 372-385

„… ) § 90.1 sentence 2 of the Eighth Book of the Code of Social Law (Achtes Buch Sozialgesetzbuch – SGB VIII …” „… facilities which is to be measured by the nature and extent to which the facility is used (§ 10.3 sentence 1 …” „… children was said to comply with the federal law provision contained in § 90.1 sentence 2 of the Eighth …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… ) 9/2140, p. 66). 1. § 32.6 sentence 1 of the Income Tax Act in the version of the 1986/1988 Tax Reduction …” „… DM 2,484 in accordance with § 32.6 sentence 2 of the Income Tax Act. The child allowance was also …” „… requirements of § 26.1 sentence 1 of the Income Tax Act – joint assessment –, but a parent applied for the …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… Law Gazette (Bundesgesetzblatt – BGBl) I p. 1014). RULING: 1. § 54.1 and 54.2, § 55.1 sentence 1 and …” „… levied, up to an assessment limit (§ 54.2 sentence 1, §§ 55 and 57 of the Eleventh Book of the Code of …” „… half the contributions, which are to be assessed in accordance with remuneration (§ 58.1 sentence 1 of …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… applies to spouses mutatis mutandis according to § 1360a.3 and § 1361.4 sentence 4 of the Civil Code, who …” „… after conclusion of the agreement (§ 1408.2 sentence 2 of the Civil Code). If they are made in …” „… Family Court over and above this (§ 1587o.2 sentences 1 and 3 of the Civil Code). The contractual …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… Article 6.2 sentence 1 of the Basic Law (Grundgesetz – GG), that parents should protect the rights of …” „… representative satisfy the prerequisites referred to in sentence 1, the judge shall be entitled to withdraw the …” „… up a child. 1. a) Article 6.2 sentence 1 of the Basic Law guarantees parents the right to the care …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… sentence 1 and 1566 of the Civil Code – suspension of proceedings and submission order of the Aurich Local …” „… §§ 1565.1 sentence 1 and 1566.2 and 1568.2 of the Civil Code and Article 12 no. 3.1 of the First Act …” „… Reform Act – 1 BvR 32/79 –. RULING: I. § 1565.1 sentence 1 and § 1566.2 of the Civil Code in the version …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… between whether the child is living with its father or not; only § 1615f.1 sentence 1 half-sentence 1 of …” „… minor (§ 1726.1 sentence 1 of the Civil Code). The father’s application and the consent of the mother …” „… up their children] (Wächteramt des Staates) under Article 6.2 sentence 2 of the Basic Law and …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… morally justified (§ 1767.1, 1st half of the sentence of the Civil Code (Bürgerliches Gesetzbuch – BGB …” „… the adopter and the adoptee (§ 1767.1, 2nd half of the sentence of the Civil Code). The adoption of a …” „… (§ 1770.1 sentence 1 of the Civil Code). The family relation of the adoptee to his or her biological …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… new and § 91.1 sentence 2 of the Federal Social Assistance Act old provided that the support claim of …” „… otherwise be considerably more difficult (see § 88.3 sentence 2 of the Federal Social Assistance Act …” „… inapplicability of § 89 of the Federal Social Assistance Act also follows from § 90.1 sentence 1 of the Federal …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… 2008 – 23 F 109/08 – violates the complainant’s fundamental right under Article 6.2 sentence 1 of the …” „… of the child’s best interests (§ 1680.3, § 1680.2 sentence 2 in conjunction with § 1666 of the Civil …” „… (§ 1680.2 sentence 2, § 1681 of the Civil Code). II. 1. As long ago as in the year 2003, the Federal …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… (Bürgerliches Gesetzbuch – BGB). According to § 1578.1 sentence 1 of the Civil Code, the scope of the …” „… new marriage. With § 1578.1 sentence 1 of the Civil Code, it has however orientated the standard of …” „… § 1578.1 sentence 1 of the Civil Code. II. 1. The courts fundamentally disregarded this in their …”

Titelei/Inhaltsverzeichnis

„… of § 569a.2 sentence 1 of the Civil Code 311 21. BVerfGE 84, 168 Order of the First Senate of 7 May …” „… sentence 1 and 14.1 of the Basic Law 541 36. BVerfGE 106, 166 Order of the First Senate of 29 October 2002 …” „… children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… 6.2 sentence 1 of the Basic Law and Article 6.5 of the Basic Law that, according to §§ 1626a and 1672 …” „… (§ 1705 sentence 1 of the Civil Code old). There was no statutory provision for joint custody of their …” „… in shaping parental custody by Article 6.2 sentence 2 of the Basic Law. (1) The legislature lent …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… ; with pensions, the payment amount shall be authoritative. (4) [to] (5) … § 3 sentence 3 of the Fifth …” „… members. § 243.2 sentence 2 of the Fifth Book of the Code of Social Law stipulates that contributions …” „… father precede the mother in application of § 1609 of the Civil Code (§ 1615 l.3 2nd half of sentence 3 …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… review 1. of § 28a.1 sentence 1 of the Salaried Employees Insurance Act (Angestelltenversicherungsgesetz …” „… 761/91 –. RULING: I. 1. § 28a.1 sentence 1 of the Salaried Employees Insurance Act, inserted by Article 2 …” „… month as an insurance period in their own right (§ 1251a.1 sentence 1 of the Reich Insurance Code; § 28a …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… “established associate judges” could be recalled at any time (§ 2.4 sentence 4) and because the presiding judge …” „… marriage and the family in one sentence: 11 “Marriage, as the legitimate form of the lasting relationship …” „… Committee, the Main Committee and the plenary: p. 87). The decisive sentence there reads as follows …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… reversed the conviction as regards the terms of the sentence …, the punishment was reduced to four years …” „… apply in an individual case” (Pre-Trial Detention Code no. 2.2 sentence 2). The judges responsible for …” „… sentence 1 in conjunction with Article 2.1 of the Basic Law (BVerfGE 35, 35; 42, 234). I take a …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… declared § 1355.2 sentence 2 of the Civil Code, which determined the prevalence of the husband’s name if …” „… mixed-nationality origin and, according to Article 10.2 sentence 1 of the Introductory Act to the Civil Code …” „… principle to be declared null and void (§ 95.3 sentences 1 and 2 of the Federal Constitutional Court Act …”

Index S. 937-956

„… , 762-763, 765 – right to parental care and upbringing 804, 816 · in Article 6.2 sentence 1 of the Basic Law …” „… 118-119 – normal case corresponding to the understanding of Article 6.1 and 6.2 first sentence of the …” „… 6.2 sentence 2 of the Basic Law) 399 protection of the pregnant woman against pressure and distress …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… 5.1 sentence 1 of the Basic Law also covers entertaining publications and articles as well as the …” „… )). Pursuant to § 22 sentence 1 of the Art Copyright Act, images may be distributed or presented for public …” „… stages (§ 22 sentence 1 and § 23.2 of the Art Copyright Act), the regulation is primarily concerned with …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… family by running the household (§ 1360 sentence 2 of the Civil Code) and often, relying on the belief …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… with Annex 2, as well as Article 6 § 5 sentence 1 of the 1987 Act on Adjustment of Salaries and …” „… well as Article 6 § 5 sentence 1 of the 1987 Act on Adjustment of Salaries and Pensions in the …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… opposition to the motion to include in the draft a sentence on the equality of men and women within marriage …” „… established in one sentence in the provision “general effects of marriage”. It is also overlooked that crucial …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… sentence 1 of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz – BVerfGG), which …” „… international law priority over ordinary statute law (Article 25 sentence 2 of the Basic Law) and has integrated …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… of the Basic Law, but serve to implement the precept contained in Article 6.2 sentence 1 of the Basic …” „… he is not the biological father of the child, protected by Article 6.2 sentence 1 of the Basic Law …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… Declaration of Human Rights of 10 December 1948, Article 16.1 sentence 1 of which reads as follows: Men and …”

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