Cohabitation theft
As Beischlafdiebstahl one is theft in the temporal and material related to sexual intercourse referred. The term cohabitation theft is not a legal term and therefore cannot be found in the Criminal Code. This offense is mainly committed in the prostitution environment, regularly together with accomplices or assistants . According to German law, this act is punishable as theft according to § 242 and possibly also § 243 StGB . The number of unreported cases is high because the victims who may have been drunk at the time of the crime do not file a report, do not notice the loss or are not sure whether the theft has occurred.
In order for the basic fact to be objectively fulfilled, the following characteristics must be present:
- Object of the crime: foreign movable property. The things must be owned by someone else and can actually be moved.
- Offense: Removal, that is, the breaking of strangers and the establishment of new custody.
Subjectively, the offense presupposes, in addition to intent, that the perpetrator takes the thing away "with the intention of illegally appropriating the thing to himself or to a third party" (so-called intent to acquire and dispossess).
Accomplices and assistants are punished according to § 25 paragraph 2 StGB (accomplices) and § 27 StGB (assistants).
The motif of intercourse theft was taken up artistically in Alexander Kluge's and Edgar Reitz 's film In Danger and Greatest Need, the Middle Way Brings Death (1974).
Individual evidence
- ^ Günther Kaiser : Criminology: a textbook . CF Müller Verlag, Heidelberg 1996, ISBN 3-8114-6096-X , p. 797 ( limited preview in Google Book search).
- ↑ Concise Dictionary of Criminology, Volume 1 . de Gruyter Verlag, Berlin 1966, p. 123 ( limited preview in Google Book search).
- ↑ The term cohabitation theft. Retrieved September 27, 2017 .
- ↑ In danger and in dire straits, the middle path brings death in the lexicon of international film
