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Penology is the subfield of jurisprudence concerned with criminal law, comprising both the evaluation, depiction, and interpretation of current law, and historical, theoretical, and philosophical reflections on criminality and punishment. Leading exponents of penology are generally university professors, but professionals in the legal system such as judges and attorneys also take part in the scholarly discussion.The modern dichotomy between penologists at institutions of higher education and practitioners active predominantly at courts is unhelpf…

1. Introduction Penal legislation is considered the creation of legal norms that concern crimes, including their investigation and public penalization. In addition to the process of establishing norms, the term also encompasses the product of that process, the respective text of laws or statutes. From an early modern perspective, these are generally comprehensive enactments such as procedural enactments for trying capital crimes (Halsgerichtsordnung ) or codifications of criminal law and not ordinances, acts, or laws concerning specific questions. The term …

The  Strafgesetz über Verbrechen und schwere Polizei-Uebertretungen (“Penal Law concerning Crimes and Serious Policy Infringements”) of September 3, 1803 came into force on 1 January 1804 for all the German hereditary lands of the Austrian monarchy. Its codification marked the completion of a phase of intensive activity in criminal legislation in Austria since the middle of the 18th century. Work on the Strafgesetz began in 1793 during the reign of Leopold II, and was completed in the reign of Francis II, and the codification is accordingly also known as the  Franciscana. K…

Halsgerichtsordnung [German, literally, “neck court order”; plural:  Halsgerichtsordnungen ] designates compilations of legal rules for criminal procedure that emerged in the late Middle Ages at courts of law that passed judgment on serious criminal acts and could impose punishment on “neck and hand,” that is, the death penalty and corporal punishment. In some cases, such criminal orders also contained measures concerning substantive criminal law, that is, they listed individual crimes (Criminal offense)…

1. Definition and legal scope As a field of law, criminal law is a system of rules in a social system (a community, society, or state) set out in the form of legal norms that can be enforced by means of a (formalized) trial. The threat and use of coercion plays a key part. Criminal law is thus closely tied to power and authority. Criminal law confronts individuals particularly vividly with the power of the law and government. It constitutes a section of the general system of behavioral rules (devianc…