as criminal offence designates the German criminal law a behavior, which is threatened with punishment by a penal law. A definition for the term “criminal offence” does not offer the law. However §1 StGB states: “An act can be only punished, ifthe punishability was legally certain, before the act was committed. “From it it can be derived at least that a not punishable behavior can be also no “criminal offence”.
A criminal offence is an illegal and culpable action, which fulfills the facts of a law, thatas punishment a punishment plans.
Table of contents
three speedness of the examination
the examination, whether a behavior represents a criminal offence, it takes place after the German criminal law into three elements (columns), which are named
debt. The columns facts and illegality become those objectivelydetectable peculiarities and circumstances of the act appreciative. In the column debt is examined whether and in which extent to the behavior of the respective author the punishment can be tied as legal consequence of its behavior (fixing of the penalty). There objective aspects of a criminal offence (for examplethe danger of the behavior) also for the fixing of the penalty are relevant, can an aspect of the criminal offence in the examination to be treated have repeated in each case. In the context of this article can be dealt with the problems and different opinions existing in each case only excursively.All three conditions must be present, so that at all a condemnation can be introduced.
the tatbestandliche examination concern themselves with two ranges of topics: Whether first of all the objective factual characteristics specified in the facts of a penal law (e.g. Occurs a consequence orIt is present a certain action) is fulfilled and whether a behavior of the author is present, which was sufficiently causal for the entrance of the legally standardized consequence. Secondly whether in the person of the author individual subjective factual characteristics (bspw.Greed) it was present and whetherthe author act success deliberately and/or. negligently caused.
on the level of the illegality is examined whether the action complex offends as a whole against the legal order. Since standards of the criminal law place certain behaviors under punishment, can when being presentits facts the illegality generally as indicated apply. Explicitly to be examined however standards, which explain also facts-moderate behavior as legal, especially come self-defence and consent into consideration.
with the question of guilt is to be examined whether debt excluding reasons,decreased criminally liableness, punishing minority (under 14 years) o.a. are present.
legal situation in Germany
the German penal code (StGB) divides the criminal offence depending upon its weight into crime (threatened minimum punishment of one year liberty withdrawal and more) and passing(threatened minimum punishment of under one year liberty withdrawal or fine).Irregularities are not criminal offences.
process of a criminal offence
important is the process of a criminal offence for the different forms of the participation (complicity). In certain stages of a criminal offence are only determinedParticipation forms possible.
the preparatory act is the activity lying before the attempt. Normally a preparatory act is not punishable to a criminal offence.
a thief späht the possible thief commodity out.
This does not apply to crimes in those thosePreparatory act part of the act execution and thus complicity is (§§ 80, 83, 87, 149, 152a I No. 2, 234 A III, 275, 310 StGB z. B. during falsification of money)
a special case is § 30 StGB - attempt of the participation. Herethe conspiratorial arrangement is placed by crimes under punishment. Normally the arrangement is not sanctioned to criminal offences. With crimes the legislator wanted to already obtain a deterrence in a stage before the attempt by punishment.
- always punishable , punishable with
- offenses with crimes only if this is expressly certain in the law.
is final and if the author the factual characteristics works on the test stage carried out, one speaks of completion of a criminal offence.
The thief put his thief property in.
the complete course of action is after the internal conceptionthe author finally.
The thief brought his thief property home. Next he drinks a Cola.
- not only in the penal code - special Straftatengrupen gives special cases:
- Forest criminal offences
- traffic criminal offences
- weir meeting acts
In the penal code homogeneous criminal offences with generic terms become as „criminal offences against the life “or „criminal offences against thosesexual self-determination “in summary.
clearing-up and consequences
the clearing-up of a criminal offence happen in a criminal procedure with prosecution authorities due to a charge. Here means of the Krminalistik are used, those after an accusation in the legal proceedings under free proof appreciation before one Criminal court to be negotiated. That can - however non a punishment must follow.
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