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Offenders must be released immediately from the preventive detention II

Which because of several serious sex offenses, applies in particular of sexual abuse of children and rape, convicted complainant with his complaint against his or her placement in preventive detention on the occasion of his recent conviction on 02.02.1990 for attempted rape and murder retrospectively according to § 66b II StGB been arranged. With regard to the interim final ruling of the ECtHR 17.12.2009, he requested that the enforcement of the measure by way of interim relief, acc. § 32 Law on the FCC to stay. The 2nd
Chamber of the Second Senate of the Federal Constitutional Court rejected the request for a temporary injunction. By the Judgement of the ECHR to secure custody of law raised questions need to be resolved in the proceedings.

the retroactive abolition of the maximum period of preventive detention was the view of the ECHR by any condition in Article 5 paragraph 1 a), c), e) ECHR justified reasons mentioned. It would be contrary to Article 5 § 1 ECHR. Moreover, contrary to subsequent preventive detention, even for those who have committed their Anlasstat offenders before the entry into force of the law introducing the subsequent preventive detention on 29.07.2004, I of Article 7 ECHR. After all, they were with the subsequent order of preventive detention to a heavier, as the time for the criminal offense was "punishment" imposed. Preventive detention was understood in this context as an "additional punishment" ("additional punishment"). This, the ECHR had established with their unlimited duration, which develops unique deterrent effect. The court qualified the preventive detention also recognized as one of the most difficult, if not the most severe sanction of the Criminal Code.
The Constitutional Court had previously accepted the performing preventive detention no penalty because it had no sanction in character. It was also noted that the new rules of § 67 d III of the Criminal Code in accordance with Article 2 in conjunction with Article 20 II GG GG III controlled constitutional legitimate bid would, as would lead the retroactive abolition of the maximum period of preventive detention only constitutionally permissible to a spurious reaction. By § 67 StGB d III only person affected retroactively, against which a preventive detention has been executed at the time the law was changed already.
The resulting by the decision of the ECHR legal questions, the Federal Constitutional Court first clarified in a subsequent main proceedings because the proceedings for an interim injunction reasons that are put forward for the unconstitutionality of the challenged public authority, in principle, to be disregarded have.

The Constitutional Court may in case of dispute a state with interim measures acc. § 32 Law on the FCC to settle pending if this is necessary to avert serious harm or from another major reason for the common good urgency. Here are the episodes that would occur if a temporary restraining order was not, the constitutional complaint, but success would have against the disadvantages to consider that would follow if the requested interim measures would be adopted, the constitutional complaint would fail but success.

This impact assessment in this case leads to the conclusion that an immediate release of the complainant is not required.
If the temporary injunction not issued, the constitutional complaint, but later had success, although the complainant would arise in the meantime, through the implementation of preventive detention a grave, irreparable loss of personal freedom.
The district court, however, on the basis of two psychiatric expert's report set out to understand that the complainant had a penchant for serious sexual offenses (sexual abuse of children, rape) and therefore commit in the event of his release will most likely corresponding offenses.

Given the seriousness of the threat of crime so outweighs the security interest of the general interest of the complainant to recover his personal freedom.

Conclusion: In his previously issued orders of 22.12.2009 (2 BvR 2365/09) and 19.05.2010 (2 BvR 769/10), the Federal Constitutional Court also had requests for an interim injunction, to immediate dismissal from the respective prisons were directed, declined with the same effect assessment and justification.
The Constitutional Court's ruling in this decision that will be clarified by the Chamber Judgement of the ECHR in relation to the ruling of the Constitutional Court of 05/02/2004 (BvR 2029/01) legal issues raised in the constitutional complaint procedure. Thus, the Court reaffirmed that his line, incurred by the verdict of the ECHR rights to want to resolve in a main action.

BVerfG Dec. v. 30.06.2010 - 2 BvR 571/10
Federal Constitutional Court press release No No 49/2010 dated 07/13/2010

Isee Middle Level Scores

A semester is over

I never thought that the frequent reworking of a text can be fun or that you already eagerly waiting for what they say colleagues at the next meeting with the changes.
The author talks with Josef Haslinger, Stefan Slupetzky and Andrea Winkler - you take in each encounter with something for themselves. Many suggestions in four months, sometimes even bordering on sensory overload impressions. But you have to stay tuned and that's a good thing.
Then, the reading went well. A host invites me in the fall to attend a lecture on "The 7 Deadly Sins. My summer employment.
read before on 2 August 2010 some colleagues at the same event on "Pilgrimage":

LITERATURE IN THE GROUND XIRO
second August 2010 by 20 clock
theme "The Way of St. James in text, image and narrative"
Xi Cafe & Bar, Pazmanitengasse 15, 1020 Vienna
www.galeriestudio38.at/literatur

a nice creative summer everyone!

Lost License Will Bars Accept Paper

Not just what happens every day ...

Now, Japan is well known, the country with the strangest habits. Almost everyone connects with Japan green motorcycles, girls in Victorian dress ischn, school uniforms and small, pretty girl. Moreover, they drive on the left.

But I will not report about it actually. Things from my everyday life could actually be much more interesting, because this is Japan-live. Although not common ...

Japan is a safety-loving country. There is no construction site where at least one-man (or alternatively, occasionally a woman) is that lights with a plastic rod that night, waving to the right one to have gone. It might well be so limited and the obvious do not see. Everything is possible! Therefore we will in this country simply to any construction site is a living male. This should enable the risk of drowning in a tsunami, are far greater than being run over by an excavator.
Nevertheless, a few weeks ago, when it was raining again (damn rainy season!) I am a naturally runtergepurzelt unsecured stairs. The railing was also-ran and it was so incredibly smooth that an American woman behind me made a start. Even as I asked if everything is ok with her, she laid me long. Now, my rear end got a great color and I'm in shock richer (and several bruises).

In Germany is one full year with 18 and can buy alcohol without problems. Usually does not even require the permit (unless you have such a butthead like me, then one will be at 22 asked for the card to buy a Becks). Here in Japan you are of legal age with 20 (yes, even though Japanese people all look so young and we Westerners for the Japanese so old, I must also think to show their passports!). No problem. However
Annika told me that she finally had to show for a bottle of sparkling water to their identification. Mix with sparkling water (called "soda") alcohol, and the only reason why the seller has to go but certain that Annika is really really been 20, even if it has only 4 bottles of mineral water are on the counter.
saying that she understood only after 3 attempts, the woman her water sold only if they proved their age ...

The said problem-bottle.

come as a cat lover, I especially in the parks in Japan at my expense, because there are wild cats are here in abundance. A plague? I think not. Then be so much of the noise killer again not. I play regularly with a certain anonymous cat family in a cardboard box, where it is actually quite great.


Lately I'm also muffle the football World Cup fans become - at least as long as the detention deutshce man was on track. It started in the preliminaries (which I do not aufblieb up by 3 clock at night - this is the time of the game clock at 20.30 ...)


Left to right: Christian, ^ ^, (forgot name T_T) , Mariko public viewing in a crowded club / bar in Roppongi

The Japan game against Cameroon I was with Michael and Roby, as it were a private made public viewing, Hendrick and some other German students were also there. And yes, I have permission to load this terrific video of Roby in my weblog, where he tried in vain to say a particular German word.



Then I was in a bar that makes a Japanese friend at irregular intervals. There I met interesting people. An American, half Japanese philosophy students, who wanted to be clear in these vacation in Japan, what he wants to become the talk but little Japanese, an architect who has designed the famous Ghibli Clock, which can be seen on the Sio-Site and also a huge Gundam Wing (Anime, Manga) figure that is several feet tall and up to last year was in Odaiba. Very nice! ^ ^

Second from left is mom, my girlfriend, a friend of her (the girl left, a friend of hers), then the architect and Yuen (or how to code that is), the half-Japanese. Hilarious group
Life-size Gundam robot fighting.

The Ghibli Clock in Shiodome, Shio Site

On 4 June, I made the JLPT 2nd

Here the test-site. A university in Yokohama, which certainly never seen so many foreigners (well, Chinese, eh not to fall!) Has seen.

This stands for "Japanese Language Proficiency Test" and is pretty much the only one that tests the general Japanese and is widely recognized. The 1 is the most that you certify a Japanese in where you actually all "ordinary and general professional" can understand without using a dictionary. The 2nd this is all without the Professional;)
But as I said, you SHOULD.
Here is a comment from a website:
"People who have passed Level 2 (for they do exist) go all misty-eyed when the subject of Level 1 is raised, as if talking about some mysterious holy grail that many have heard rumor of , yet remains only the stuff of legend ... "

And here is the link to, even for those who just want to get a picture of the kanji:
http://japanese.about.com/gi/dynamic/offsite.htm?site=http://www. kanjisite.com / html / about / joyo.html
The ultimate test to certify that you have a basic knowledge of a student's kanji ...
No wonder that was only 1 to 10 Chinese Westerners ... Was very interesting, as many Westerners as Kanji SIDN too hard xD

Otherwise, there are images in this poor blog to see something.

This very "graceful" aussehnde cattle from the country where the people are apparently only small, measured erstaunloche 7-8 centimeters and was HUGE! Ryoma, Yukiko, her friend and I are first located and have pity on our poor things from a distance ... My zoom was a close-up possible! Note cockroaches: 3 cm (at least!) Centipede: to 10 centimeters.
I want to see any Hummel!

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No consumer exposure to the costs for the shipment of goods from a distance, business

The Supreme Court has held that a seller of goods at a distance, not a consumer business with may charge the shipping costs for the shipment of goods to the consumer, if he exercises his cancellation or return rights.

The plaintiff is a consumer association. The defendant operates a mail order company. It provides their customers for the delivery of the goods have a flat delivery fee of € 4.95 per order charge. The applicant takes the defendant to enjoin the collection of such costs after the exercise of the cancellation or return with distance selling act to complete. The LG Karlsruhe ruled in favor of the action. OLG Karlsruhe rejected the appeal directed against it.

The revision of the mail order company had no success. The Eighth Civil Division of the Supreme Court had noted that German law does not expressly grant the consumer a refund of the cost of delivering the goods ordered. The Supreme Court ordered a stay of appeal proceedings and by order dated 01.10.2008 referred to the ECJ for a preliminary ruling the question whether the Directive 97/7/EC of the European Parliament and the Council of 20.05.1997 is interpreted on the protection of consumers in contracts negotiated at a distance (Distance Selling) meaning that it precludes a national rule under which the cost of delivering the goods and can the consumer be imposed if he contract has been revoked.

This has the ECJ affirmed and executed in support of that clearly with Article 6 of the Distance Marketing Directive aims, not to discourage consumers from exercising his right of withdrawal. According to the wording of Article 6 I the Distance Selling Directive, the consumer any distance contract shall have a period of seven working days without giving reasons and without Penalty revoked. Article 6 II Distance Selling Directive provides that the consumer who exercises the right of withdrawal under this Article, which have previously been free to report to the supplier payments. Article 6 I and II of the Distance Selling Directive, indicating in each case before the the only cost to the consumer may be imposed while the direct cost of returning the goods.

The term "the only charge, from the two paragraphs of Article 6, requires the opinion of the Court, a narrow interpretation and will therefore constitute the only exception. The term covers all of the payments made by consumers in connection with the contract payments. A Interpretation of the Distance Selling directive stating that it would allow Member States of the European Union should be a mechanism that puts the consumer in the event of such cancellation, the costs of delivering charge would be, the objective of Article 6 I the Distance Selling Directive precludes . The consumer would also all related to the transportation of goods related costs will be imposed. The resulting chilling effect on the exercise of the right could also not be affected by the fact that the consumer has been informed prior to closing on the level of delivery costs. Thus, Article 6, I and II interpreted the Distance Selling Directive, meaning that a national rule conflict, according to the supplier under a distance contract the consumer to bear the costs of delivering the goods may, if it exercises its right of withdrawal.

Because of this the national courts binding interpretation of the Distance Marketing Directive by the ECJ is § 346 I BGB in conjunction with § § 312, 357 BGB conformity with the directive to be interpreted as meaning that the consumer following the withdrawal of a distance contract is entitled to restitution Provided Hinsendekosten.
Accordingly, it denied sellers of goods at a distance, business, consumers, the cost for the shipment of the goods sold by it and then pay when accompanying their withdrawal or go right to return.

BGH Judgement of 07/07/2010 - VIII ZR 268/07
Bundesgerichtshof - Communication from the press office 139/2010