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Meier M: Kryptowährungen und
strafrechtlicher Anlegerschutz

Kryptowährungen und strafrechtlicher Anlegerschutz

§ 1 Phänomen Kryptowährungen und Untersuchungsgegenstand

§ 2 Gesellschaftliche und technologische Grundlagen
Bitcoin - Eine grundsätzliche Einordnung - Das offene und dezentrale Peer-to-Peer-System - Die Blockchain-Technologie - Die Nutzeroberfläche der (Bitcoin-)Blockchain - (Vermeintliche) Schwachstellen der (Bitcoin-)Blockchain - Tokens - Neuere Entwicklungen in der Kryptowelt: Decentralized Finance und Non-fungible Tokens

§ 3 Anlegerschutz im Zusammenhang mit dem unberechtigten Entzug von Kryptowährungen Relevante Begehungsweisen - Diebstahl, § 242 Abs. 1 StGB und Unterschlagung, § 246 Abs. 1 StGB - Betrug, § 263 Abs. 1 StGB und Computerbetrug, § 263a StGB - Kapitalanlagebetrug, § 264a Abs. 1 StGB - Erpressung, § 253 Abs. 1, 2 StGB - Untreue, § 266 Abs. 1 StGB - Depotunterschlagung, § 34 DepotG - Urkundsdelikte - Datendelikte - Strafbarkeit nach dem Bundesdatenschutzgesetz (§ 42 Abs. 1 und Abs. 2 BDSG) - Strafanwendungsrecht

§ 4 Anlegerschutz bei Wertpapieren und Kryptowährungen durch Gewährleistung von Marktintegrität und Bekämpfung von Informationsasymmetrien
Das Wesen von Wertpapieren im Vergleich zu Kryptowährungen - Indirekter Anlegerschutz durch Marktmissbrauchsbekämpfungsrecht

§ 5 Ansätze zur Ausgestaltung des strafrechtlichen Anlegerschutzes bei Kryptowährungen de lege ferenda
Änderungsbedarf im Strafanwendungsrecht- Allgemeine Modifikationen des Marktmissbrauchrechts - Spezielle Modifikationen hinsichtlich der Marktmanipulation

Niedersächsische Gesetze 132. Ergänzungslieferung

This book re-examines the origins and development of the laws of war and human rights law and exposes an overlooked provision of the European Convention on Human Rights which permits the use of lethal force where absolutely necessary to quell an insurrection. When civilian casualties occur in internal armed conflicts, questions are asked about how civilians can be better protected against the use of force by armed insurgents and state security forces. The laws of war include protection against the targeting of civilians but permit the use of force based on 'military necessity' and allow 'proportionate' civilian casualties. Where those laws do not apply, the use of force is generally seen as being limited to self-defence. This creates paradigms of armed conflict and law-enforcement with very different rules. The paradigms are then treated by governments and other actors as being separate and divided by a threshold of violence, when, in practice, they overlap, both in the conduct of military operations and, this book argues, as a matter of law. Revisiting the law provides the opportunity to reassess the benefits and risks of the existing paradigms and consider how applying the provision permitting the use of lethal force in quelling an insurrection would affect them. The book concludes that it offers a middle way based on the existing law, but it requires wider recognition and development in order to achieve a more appropriate balance between human rights and collective security.

Lethal Force, Human Rights and the Laws of War

Quelling Insurrection

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

Presumption of Innocence Under China's 'National Conditions'

Vahlens Handbücher der Wirtschafts- und Sozialwissenschaften

Grundzüge der Handels- und Steuerbilanz

This book explores how different legal systems handle a particularly difficult type of corporate wrongdoing: Catholic dioceses' responsibility for child sexual abuse. Usually, when people think about corporate wrongdoing, they think about tax fraud, insider trading, and similar 'white-collar' crime. As corporations, dioceses' responsibility for child sexual abuse exists separately from that of individual perpetrators, and this corporate responsibility is the focus of this book. Through an analysis of cases involving dioceses that have significant documented histories of priests abusing children, this book illustrates how criminal law, canon law, tort law, bankruptcy law and an Australian Royal Commission have responded (or why they have not). The cases involve the Diocese of Ballarat, in Victoria, Australia, and the Diocese of Gallup, in northern Arizona and New Mexico, in the United States. Each diocese faced similar claims in a diverse field of legal systems, so very different legal systems were handling, in essence, the same cases in dissimilar contexts. Employing a novel interdisciplinary approach, the book traces the theories, purposes, doctrines, procedures, and logistics of engaging with these different legal systems - evaluating what they can and cannot do. Revitalising theories of responsive law, the book demonstrates that it is possible for legal systems to better hold not just Catholic dioceses, but corporations more generally, to account for wrongdoing, but we may need to rethink how those systems are structured.

Catholic Dioceses, Legal Systems, and Corporate Accountability

Materialising the Digital

Where and how we pay is changing dramatically. This timely, innovative book navigates the so-called 'Cambrian explosion' of FinTech companies and more specifically to the emergence of Blockchain technologies and cryptocurrencies through the lens of the case of Ripple, a company in the field of cryptoassets and cross-border payments. Combining STS with human geography and political economy, it navigates the maelstrom of proliferating new and old payment infrastructure, to develop a theoretical and empirical 'infrastructural inversion' of money. Money does not just flow through or behave like an infrastructure, but rather it is an infrastructure, because it is predicated upon the existence of accounting and payment infrastructures of memory for its very existence. Using the concepts of active forms and dispositions from design and architecture, this nuanced book analyses how money's infrastructures act in the world materially, spatially, as objects and subjects of desire and as political and economic machines. If we want new forms of money for new forms of society, we need to think holistically and ecologically about the complex combinations of materiality, space, desire and political economies that money generates and propagates. Tracing the trajectory of a cryptoasset project from an alternative credit system to an interbank, cross-border company, the book moves beyond a Bitcoin-centric view of money. It reveals how alternative and mainstream, networked and sovereign forms of money have long been intertwined.

An ecology of materiality, space, desires, and power

Money’s infrastructures

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

From 1974 to 2003, New Orleans had one man serve as its district attorney: Harry Connick Sr. That same time span marked a period of sharply rising incarceration rates and changing opinions about law and order, both locally and nationally. Louisiana in particular eventually gained the reputation of being the country's most incarcerated state; New Orleans, as its biggest city, bore much of the responsibility for earning it that designation. Connick was known for his tough-on-crime approach to prosecution, forcefully employing old and new legal strategies to send droves of defendants to jail and prison, often for as long as possible. 	 	 	Connick was popular enough with voters to be re-elected four times, a long tenure that is particularly notable given the increase in Black political presence and power in New Orleans during that time. His multiple re-elections were evidence that enough of the city's Black voters supported his policies to keep him as DA, even when he faced spirited opposition from Black candidates who tried to show constituents how Connick had failed them. However, by the time of his retirement in 2003, Connick's reputation had begun to suffer as revelations of shocking prosecutorial misconduct in his office emerged. Over the past twenty years, those revelations have only increased in number and scope. Connick, now deceased, has left a fractured legacy whose reverberations continue to be felt in New Orleans. 	 	 	Susan Penman's Uncertain Justice shows what Connick's office was like during the decades he was in power: how it was situated politically, what steps it took to curb crime at a time when so many New Orleanians were concerned about violence, and what locals perceived about how it functioned—and in turn how they either supported or questioned Connick's policies. Penman demonstrates the vast influence a district attorney possesses and how that influence manifests locally through legislation, office practices, and political sway. Uncertain Justice sits at the nexus of carceral studies and history by exploring how one man, at the helm of a very powerful office, navigated shifting political currents and exercised immense authority throughout many crucial years.

Harry Connick Sr., Politics, and Prosecution in New Orleans

Uncertain Justice

Modern Studies in European Law

This book presents a constructive exploration of the dilemmas the EU faces in regulating the risks of modern biotechnology. 

It comprehensively examines the current European framework applicable to the marketing of GMOs (genetically modified organisms), and its iterative reforms, in order to assess the regulatory character of the governance system in this controversial policy field.
 
The author situates the problems of the EU GMO regime in the broader context of 'post-state' regulation and discusses them in the light of some of the governance theories that were developed to respond in part to the dilemmas of risk regulation. The book contains analyses of the following issues: the EU laws pertinent to GM products; the approval procedures for placing GMOs on the market; the post-approval control system of commercialised products, as well as the respective judicial interpretations of the EU Court of Justice. The evaluation of the developed governance solutions is also presented.

The examination of the GMO governance reveals that the regime embodies different regulatory modes introduced by the EU which are combined in various forms in a way that frequently influences the adequacy of the adopted measures. The conclusion stemming from these findings suggests that the most appropriate solution for GMO policy in the EU is a reflexive and revisable combination of various regulatory approaches by policy-makers which will allow for the enforcement of their functions and the accommodation of different, often contradictory, policy needs.

EU Governance of GMOs

Strafrechtsgeschichte

Criminal Practice Series

This single volume explains the civil recovery regime under POCA 2002 in the magistrates' court for professionals. POCA 2002, Pt 5 contains the relevant primary legislation and includes the provisions that deal with the recovery of cash, listed assets, and bank accounts. There is considerable overlap in the principles and procedures that UK law enforcement must follow; from initial searches to the seizure and detention/freeze of assets before submitting an eventual forfeiture application. Providing expert commentary on POCA 2002, Pt 5 and the principles and procedures that must be followed this title ensures that practitioners can provide practical guidance to individuals and corporates and includes all the relevant statutory provisions, rules, codes and forms. It answers questions such as: - Why would a client's bank account be frozen? - If HMRC successfully applies to freeze a client's bank account, how can I get the court order discharged? - If my client's cash is seized, how can I practically advise a client to get the funds returned? - If my client is subject to a criminal investigation and a civil investigation, how should I advise them? - If my client's bank accounts are frozen, how can everyday expenses, including paying legal fees, be met? This is a must have title for Financial crime legal professionals, Accountants, Compliance officers, Fraud analysts, Cyber security experts, and Anti-bribery and corruption specialists.

A Guide to Civil Recovery in the Magistrates’ Court

This book celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

Kryptowährungen und strafrechtlicher Anlegerschutz

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