Permanent offense
A permanent offense is a criminal offense or administrative offense in Germany's criminal law , the offense of which includes the maintenance of an unlawful situation. The counterpart is the state offense .
The duration offense may already be by inducing the illegal situation completed , however, the act is not yet completed . This is e.g. This is important, for example, when determining the statute of limitations , since the statute of limitations according to Section 78a of the Criminal Code only begins when the act has ended . In addition, an assistant can only commit a crime before the end of an act of aiding and abetting.
An example of a permanent offense is deprivation of liberty ( Section 239 of the Criminal Code): the perpetrator already makes himself punishable if he locks his victim. However, the act continues until the victim is free again. Thus, the statute of limitations begins only after the release. Someone who aids the perpetrator after he is locked up but before he is released would also be liable to prosecution.
literature
- Claus Roxin : Criminal Law. General part. (Part 1). 3. Edition. Beck Verlag, Munich 1997, ISBN 3-406-42507-0 , p. 274 f.
Individual evidence
- ↑ Frank Dietmeier in: Matt / Renzikowski, Criminal Code, 2nd edition 2020, Penal Code § 78a para. 7th
- ↑ Federal Court of Justice : Judgment of June 11, 1965, file number 2 StR 187/65 , NJW 1965, 1817.
