Car dealers regularly fall into the organized crime category , as individuals can barely carry out the entire organization from theft to sale in the other country. After the theft, counterfeit or stolen license plates are usually installed. The vehicles are smuggled across the border with forged registration papers . As a rule, certain car brands are preferred. These vehicles are often taken to poorer countries in the former Eastern Bloc .
Car pushing falls under the criminal offenses of theft ( StGB ), gang theft ( StGB), serious gang theft ( StGB), commercial stealing , gang stealing ( StGB) or commercial gang stealing ( ) depending on the execution of the offense StGB).
- cf. z. B. the explanations in Henrich: Security and unity in a volcanic world , NJW 1994, 2669, 2671.
- cf. z. B. BGH , judgment of October 11, 1994, Az. 1 StR 522/94, NStZ 1995, 85; LG Hanau , judgment of November 23, 1995, Az. 1 Js 17766.6 / 94 I KLs 33/95, NStZ-RR 1996, 362; BGH, ruling of July 15, 1999, Az. 4 StR 192/99, NStZ 2000, 30–31; Schoreit, in: Karlsruhe Commentary on the Code of Criminal Procedure (edited by Rolf Hannich), C. H. Beck, Munich 2008, ISBN 978-3-406-576621 ; Section 260, marginal no. 34.
- NK-StGB-Hellmann ( ISBN 978-3-8329-3469-9 ), § 265 Rn. 30, 31.