Fahrlässigkeitsstrafbarkeit im deutschen und taiwanischen Strafrecht unter besonderer Berücksichtigung des Konzepts der „Leichtfertigkeit“ und dessen gesetzgeberischer Nutzen für das taiwanische StGB

The concept of 'recklessness' has long been under discussion for inclusion in the Taiwanese Criminal Code (tStGB). The range of penalties for intentional manslaughter and negligent homicide under the tStGB results in inadequate sentencing for serious cases of negligence, which has led to public criticism, particularly following tragic incidents such as the Taroko train accident. This work aims to identify existing legal gaps and suggest improvements to the legal regulations.

After reviewing German literature on recklessness to define the concept, this study analyses which structural elements of a negligence offence can distinguish recklessness from negligence. The analysis concludes that the violation of the duty of care and foreseeability are the only manageable criteria for distinguishing the intensity of culpability between negligence and recklessness. Based on this finding, the paper sets out the reasons for introducing recklessness into the Criminal Code and counters possible objections to this. Finally, various drafts are presented, one of which deals with the offence of 'reckless homicide'.

Chih-Yu Lin has over ten years' experience working as a public prosecutor in Taiwan. During this time, she undertook short-term research at the University of Munich, after which she worked at the Taiwanese Ministry of Justice, where she was responsible for criminal law reform. It was during this time that she encountered frequent discussions about recklessness, which sparked her interest in conducting more in-depth research in Germany.