팬데믹 시대 형법의 변혁과 한계 - 독일 법발전의 분석 -

The COVID-19 pandemic has posed an unprecedented challenge to German criminal law. This paper examines how the normative foundations and dogmatic structures of the criminal justice system have transformed under the conditions of the pandemic and where its inherent limits have become visible. The analysis begins with the question of whether the existing provisions of the German Criminal Code (StGB) were capable of addressing the collective health risks of a global infectious crisis, or whether the scope of criminal law was functionally overstretched. The study shows that the pandemic led to a partial shift of criminal responsibility toward preventive regulation and to a symbolic overextension of criminal law. While traditionally conceived as the ultima ratio, criminal law increasingly emerged as an instrument of administrative crisis management. This development is illustrated through legislative adjustments to §§ 277–279 German Criminal Code and the integration of the Infection Protection Act (Infektionsschutzgesetz) into the criminal enforcement framework. At the same time, the pandemic revealed a structural tension between prevention and culpability, between normative legitimacy and political functionalization. The paper argues for a renewed commitment to the principles of legality, proportionality, and ultima ratio in order to preserve the integrity of the rule of law in future crises.