Tatrichterliche Beurteilungsspielräume im materiellen Strafrecht

»Freedom of Judicial Assessment in Substantive Criminal Law. A Dogmatic and Legal-Theoretical Investigation into the Revisability of the Law Application by the Courts in Cases of Indeterminate Elements of the Offense«: For some time now, it has been observed in judicial practice that the appellate courts limit the review of the factual application of the law in certain cases of indeterminate facts to a mere review of justifiability by assuming a »freedom of judicial assessment«. The present work is dedicated to the dogmatic examination of this legal figure and embarks on a search for a normative legitimation concept for the current practice.