Citation

Scheffler U. Blutalkohol 2002; 39(3): 174-181.

Affiliation

Europa-Univ. Viadrina Frankfurt, Lehrst. fur Strafrecht/Kriminologie, 15230 Frankfurt (Oder), Germany

Copyright

(Copyright © 2002, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

As demonstrated by the example of (section) 24aStVG, the repeated tightening of the law in a relatively short space of time is, unfortunately, not the exception to the rule these days. With legislatory eagerness, legally normed restrictions are tightened further, allowing no probation period for the legal position as it is known to date. This 'does only quantity matter' practice causes concern, in particular with regard to the obviously secondary importance of the principle of proportionality and the principle 'in dubio pro libertate'. In addition there is the danger of a ban losing its acceptance as a result of the tightening being taken too far. This may result in the person affected being punished just to set a "political precedent" for a third party. Therefore the populist pressure for the increase of the penalty should be countered with more restrained measures.