Excessive domestic tendency
Excessive internal tendency is a term from jurisprudence. In criminal law, one speaks of excessive internal tendency in the case of a crime that demands more in the subjective offense than must have happened in the objective offense. One such offense is, for example, theft according to Section 242 of the Criminal Code . There, in the subjective factual situation, the intention of appropriation is required, to which there is no equivalent in the objective factual situation. Likewise, for example, in the so-called individual race according to Section 315d Paragraph 1 No. 3 StGB, an intent to speed at a speed is required which has no equivalent in the objective facts.
Another example is the forgery of documents according to Section 267 of the Criminal Code. There, subjectively, the intention to use the document to deceive in legal transactions is required, while objectively such a deception success does not have to be given. Another example is fraud in accordance with Section 263 of the Criminal Code, which presupposes the intention of material enrichment in the subjective offense , for which there is no counterpart in the objective offense.
Against this background, one also speaks of successful-cropped offenses .
Web links
- Section 242 of the Criminal Code
- Section 249 of the Criminal Code
- Section 253 StGB
- Section 267 of the Criminal Code
- Section 315d Paragraph 1 No. 3 StGB
Individual evidence
- ↑ Florian Ruhs: The so-called “single lawn” as a prohibited motor vehicle race according to § 315d StGB . In: SVR . 2018, p. 286 ff .
- ↑ Rudolph Rengier: Criminal Law Special Part I . 17th edition. CH Beck, Munich 2015, ISBN 978-3-406-67474-7 .
