suspicion

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The suspicion is (still) indefinitely, largely blank, think of a person, thing or relationship. Suspicion is the preliminary stage that can condense into suspicion and is related to “ hunch ”, assumption and “ mistrust ”.

Word derivation

Suspicion - suspect - think badly. A suspicious or suspicious person is someone who is easily suspicious. Originally closely related to "suspicious" (suspicion) and sometimes used synonymously.

Arg (anger) has been used since ancient times in the sense of bad, evil, dishonest, hostile, not according to its true purpose.

To think : “ Take it for it, think it, believe it, in the broadest sense; an outdated meaning in High German, but in which it occurs frequently in the older Upper German writings ”. In the original form, to believe is derived from “delusion”, which previously not only had a negative connotation, but rather broadly: “ Any opinion, i.e. judgment based on merely probable reasons, regardless of the correctness or incorrectness ” meant.

Demarcation

The suspicion is based on probable circumstances. Suspicion, on the other hand, is merely based on a (bad) opinion without determining whether this has alleged reasons for itself.

Both suspicion and suspicion are still far removed from the presumption of fact and evidence of a fact from a legal point of view.

law Sciences

In principle, suspicion has no independent meaning in criminal law . Only when suspicion has hardened into suspicion through the presence of further elements ( clues ) do criminal law provisions intervene. The boundary (also called threshold or hurdle) between suspicion and suspicion is therefore of essential importance for the inadmissibility or permissibility of encroachments on the rights of the individual.

If police or criminal investigations are initiated, a suspicion must already exist ( initial suspicion ). If there is only a suspicion (assumption), there would be no threshold for the start of investigative measures by the public prosecutor or the police. Investigative measures could then be initiated against every person on the basis of suspicion (problematic: initiative investigations according to No. 6 of the "Guidelines for criminal and fine proceedings" (RiStBV), which are already permitted if "according to criminal experience the if there is also a low probability that an actionable crime has been committed ”).

In civil and administrative law , suspicion, e.g. B. the fear that a construction pit will invade and affect the neighboring property, only the preliminary stage in order to strengthen the concrete suspicion with concrete elements as to why the damage is likely and this z. B. makes an injunction necessary. It is only because of the suspicion of the neighbor that the civil court or an administrative authority is prohibited from taking action (but see: Danger prevention ).

See also

Wiktionary: Suspicion  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ In the legal sciences , “ trust ” is seen as a legal asset worthy of protection and “ fraud ” but also “ defamation ” and “pretense” are particularly reprehensible acts.
  2. ↑ Quoted from: Johann Christoph Adelung , "Grammatical-Critical Dictionary of High German Dialect", Vienna 1811.
  3. ^ So: Johann Christoph Adelung , "Grammatical-Critical Dictionary of High German Dialect", Vienna 1811.
  4. ↑ Quoted from: Johann Christoph Adelung , "Grammatical-Critical Dictionary of High German Dialect", Vienna 1811.
  5. ↑ An initial suspicion must be so specific that there are sufficient factual indications of a criminal offense that can be prosecuted (see Section 152, Paragraph 2 in conjunction with Section 160, Paragraph 1 of the Code of Criminal Procedure ).