No Punishment Without Guilt

German criminal law rests on the principle keine Strafe ohne Schuld, no punishment without guilt. Section 46 of the Criminal Code begins: Die Schuld des Täters ist Grundlage für die Zumessung der Strafe. The guilt of the offender is the basis for setting the sentence. A sentence is therefore measured against what this one person is to blame for, and not only against the harm that was done.

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