Facts

under the jurisprudential term of the facts one understands

• concrete life circumstances (fact); the term explains itself as “existence saufnahme " of an act in the broadest sense, thus all circumstances of human doing,
• in the standard theory a component (mostly abstract) of a standard,
• in the procedural law oneA component of the judgement text.

Facts moderateness subdivided itself into the objective facts and the subjective facts.

Objective factual characteristics so e.g. describe the circumstances, which determine the outside appearance of the act. the person of the author or the action object.

In the subjective facts it concerns to determine like thatAuthor for the implementation of the objective facts stands. To examine is thus the internal attitude of the author.

Under linguistic criterion the term is missed in those cases, where it concerns rather circumstances around acts.

standard theory

facts is the whole of all actualConditions of the law for a legal consequence; it designates thus the abstract characteristics, which are the basis for an act in the legal sense. It subdivided into individual factual characteristics.

One differentiates thereby between written and unwritten factual characteristics. The factual characteristics written by the legislator into the respective legal rulein some few cases of the dominant opinion in iurisdiction, jurisprudential literature and/or teachings are supplemented (for instance to the demarcation to otherwise useless standards). In addition is to be differentiated between objective and subjective factual characteristics: while first (about act object of the theft “strange, mobile thing”, § 242 StGB)for the external world perceptible manifestations of the facts implementation contained, exist latter characteristics only in the person the author (for instance the resolution or an enriching intention in the fraud facts, § 263 StGB). Also can be differentiated between descriptive (describing) and normative (a Werturteil requiring) factual characteristics: During the legislators alsothe characteristic “dog” (§ 143 StGB) only describes something, what in the general special perception completely is opened, the characteristic has “property” (§ 823 exp. 1 BGB) only force of expression, because the legislator created and specified it.

The legal consequences are detached by the factsto regard (legal consequence). The general legal maxim for this reads: There mihi factum, dabo tibi ius. (“Give me the facts, then I will give you the right. “, meant: On the basis the facts the right is to be deduzieren ; see also Subsumtion.)

the term of the Criminal offence existence is ambiguous. It is used on the one hand to only call the objective and subjective characteristics (facts strictly speaking), on the other hand one the criminal offence existence already than injustice in such a way specified (thus actually the injustice facts) is understood, that the facts strictly speaking and the illegalitycovered. The far view sees the term synonymous for the term of the criminal offence. Thus the term apart from the facts would cover strictly speaking also the illegality and the debt.

procedural law

with a judgement in the sense of the document provided from the court designatesthe facts concrete life circumstances determined in the procedure and the happening in the negotiation. The facts show thus the basis, on which the judgement is based. The facts of a judgement have the quality of a public document after § 415 ZPO.

In the judgment in a case containsthe facts the fact lecture of the parties, the requests and process history (z. B. the proofs raised from the court and the trial process), see. § 313 ZPO. The facts supply the proof for the verbal party stating. This proof can be weakened only by minutes of the meeting § 314 ZPO. If the facts contain errors, then a request for correction of the facts can be placed after § 320 ZPO. Obvious computing or write errors and similar incorrectness can the court also officially correct, § 319 ZPO.

In the conviction and inthere is public right no fact lecture, since the determination of circumstances takes place officially.

See also: Criminal procedure, civil proceedings, civil law, trial by record, judicial code, fiction.

Please you consider also the reference to right topics!