Das nemo-tenetur-Prinzip bei außerstrafrechtlicher Pflichterfüllung
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Outside of criminal proceedings, there are various duties of disclosure that challenge the principle of nemo tenetur se ipsum accusare, which states that no person may be compelled to incriminate themselves. The question arises as to whether or not a legal subject can refuse such disclosure obligations outside of criminal proceedings invoking the nemo tenetur principle, or how such a (sometimes self-convicting) performance of duty affects criminal proceedings. The author attempts to provide the lawmaker with a systematic concept for answering this question in consideration of the historical, ethical and legal foundation of nemo tenetur, as well as an interpretation of the pertinent jurisdiction.
2015 ◽
Vol 21
(2)
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pp. 455-459
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2018 ◽
Vol 10
(2)
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pp. 155-176
2019 ◽
Vol 13
(5)
◽
pp. 856-867
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2019 ◽
Vol 15
◽
pp. 211-217
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