Abstract:
The idea of diminshing criminal sanctioning by transferring control functions to civil law is discussed. On the one hand this goes counter to the reduction of penal elements in civil law by socialization of tort liabilty. On the other hand, when mobilized for behavior control, civil law tends to develop punitive sanctions of its own, but without the legal restrictions limiting criminal punishment. lt is argued for the restraint of criminal sanctioning as an ultimate mean, conceding priority to civil action and private arrangement at any stage of prosecution, before the remaining needs of punishment are judged.