Autograph crime
A handwritten offense describes a crime that can only be committed by a perpetrator who carries out the offense himself (himself).
Classic examples of handwritten crimes are
- of perjury , as it can only be committed by those who under oath says,
- Road traffic offenses (for Switzerland: according to a more recent decision by the Swiss Federal Supreme Court, road traffic offenses are not personal offenses) that require the driver to drive a motor vehicle,
- Drunkenness in traffic , § 316 StGB
- Full intoxication , § 323a StGB, since only the intoxicated can fulfill this offense,
- Perversion of the law , § 339 StGB, since only an official can fulfill this offense,
- and certain sexual offenses such as sexual intercourse between relatives , Section 173 StGB.
Therefore, only a single perpetrator can be considered as a perpetrator, complicity and in particular indirect perpetration are excluded. On the other hand, participation by instigators or assistants remains possible. If the legislature sees this as a criminal liability loophole, it must create special offenses that offset the injustice otherwise covered by indirect perpetration. For example, the temptation to make false statements , Section 160 of the Criminal Code, covers the case that someone, through deception, induces a witness to testify in good faith. The path through the indirect perpetrator is blocked here because the person behind him does not testify as a witness and therefore cannot be the perpetrator, nor the indirect perpetrator of a testimony offense.
According to the rulings of the Federal Court of Justice, the figure of the actio libera in causa is not applicable to personal offenses , since the establishment of a cause is not sufficient for the realization of the offense, but the respective act must be committed personally.
Individual evidence
- ↑ BGE 126 IV 85; another view almost the entire Swiss criminal law literature.
