Questão jurídica principal
Whether the conviction violated nulla poena sine lege because the Rhine shipping police regulation was not fully published.
Decisão extraída
No. The penalty basis was a formal statute, and the publication method under the Publications Act was permissible for a rule affecting only a small circle of persons.
Fundamentação extraída
Art. 40 BSG is a blanket criminal norm, but the BSG itself clearly regulates accident behavior in Art. 24 and authorizes implementing rules. The Rhine shipping police regulation was validly referenced under Art. 4(1)(a) of the Publications Act.