Omnimodo facturus
The omnimodo facturus (also alias facturus ) is a term from the general part of criminal law . It is a perpetrator who is firmly and under all circumstances ( omnimodo ) determined to commit the act ( facturus ).
The legal issue arises when an instigator wants to instigate the omnimodo facturus to commit a crime, but is unable to do so because the allegedly instigator is already determined to commit the act. Since the decision to act is no longer evoked, the causality of the instigator's action necessary for the instigation is missing. However, in this case the instigator does not go unpunished: According to the prevailing opinion, he is convicted of psychological aid as an assistant or, if necessary, of attempted incitement.
Constellations in which the instigator succeeds in having the act committed in a different way than intended are problematic:
- Donation (from the more serious offense to the weaker offense): The donor is omnimodo facturus of the weaker offense than the unlawful less included in the original crime plan. In the case of donation, therefore, the donor generally remains unpunished (possibly psychological assistance, however, the actual success is usually not attributable to the instigator according to the principle of risk reduction).
- Reorganization (from one offense to another offense): Since the person who was reorganized was only omnimodo facturus with regard to the original offense, the new offense may be punishable by incitement under Section 26 of the Criminal Code , provided there is no justification for it (in particular the justifying one State of emergency, if the mindset is changed to a weaker offense (weighing of interests).
- Incitement (from the weaker to the more serious offense): The incumbent is already omnimodo facturus of the basic offense. Nevertheless, the prevailing opinion assumes that there is now an incitement to qualify , since the instigator intensifies the violation of the law through his determination. A minor opinion sees (only) one possible case of psychological aid. A mediating opinion then affirms incitement if the established qualification would be an independent criminal act (e.g. qualification of bodily harm in robbery, Section 250 (2) no. 3 StGB).
Individual evidence
- ^ Heine / Weißer: Criminal Code . Ed .: Schönke / Schröder. 30th edition. 2018, § 26 Rn. 6 .
