Incitement
The Aufstiftung (also known as high Foundation referred to) is a sub-category of inciting after § 26 StGB is an offense. The peculiarity of incitement is that the perpetrator was already determined to commit a crime ( basic offense ) and the instigator only induces him to commit a more serious crime of the same type ( qualification ).
- Example: The perpetrator was determined to hit the victim with a punch. However, the instigator persuades him to use a knife. In this case, the perpetrator was already determined to (simple) bodily harm according to Section 223 (1) StGB. The offense for which he was “instigated”, however, constitutes dangerous bodily harm according to Section 224 (1) No. 2 StGB.
The problem is that the perpetrator would not be punished for inciting Section 223 (1) of the Criminal Code. It is therefore controversial whether he is to be prosecuted here for inciting Section 224 of the Criminal Code. This question is answered in the affirmative by case law. The prevailing doctrine, on the other hand, denies this, but sees instigation as a psychological aid .
Donation is to be strictly distinguished from donation, if only because of the very different legal consequences .
See also
literature
Tröndle / Fischer: Criminal Code, § 26 Rn 3 mwN (disputed!)
Individual evidence
- ↑ a b Wessels, Johannes / Beulke, Werner , Criminal Law General Part , 40th Edition, Munich 2010, Rn. 571 mwN
- ↑ BGH , judgment v. June 3, 1964, Az .: BGH 2 StR 14/64 = BGHSt 19, 339 ( Memento of the original from July 18, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Wessels, Johannes / Beulke, Werner , Criminal Law General Part , 40th edition, Munich 2010, Rn. 571 mwN
