Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Germany
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Germany/1996/106
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 24/10/1996
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 24/10/1996
Constitutional complaints of members of the government of the former German Democratic Republic
Author(ity)
Federal Constitutional Court (Bundesverfassungsgericht)
Date of the decision, of the judgment
24/10/1996
Points of law
The decision mainly concerns the question whether the conviction of the complainants violates the prohibition of retroactive criminalization of acts not subject to punishment at the time when they were committed. But the complainants had also raised the State immunity defence which the court rejected in a short passage quoted hereinafter:"[...] it is the generally accepted position in the international legal literature [...] that the immunity does not continue beyond the existence of the State whose citizen was the person concerned. [...] The argument of the complainant no. 3 that Article 25 of the Basic Law was violated for the reason alone that his criminal prosecution disregarded the sovereignty of the German Democratic Republic is not correct for this reason." (p. 129 et seq.)