The development of criminal law in the ))Society of risks« proves a transition from liberal and constitutional to social and authoritarian criminallaw as criminal matters are integrated into positive law and gain priority over it. The constitution-oriented model of criminallaw as a complex interrelationship between citizens and the state is re-interpreted to a one-dimensionallegal relationship characterized by punishment being carried out by the state. On the other hand it must be stressed that in the scientific and technological society democracy can (...) no Ionger retain its validity as a form of rule, only as a way of life. Given this precondition criminallaw is aiming at protecting the rights to communication and participation in the society which is based on a basic law. (shrink)