Withdrawal of electrical energy
Withdrawal of electrical energy ( coll .: Electricity theft ) is an offense covered by Section 248c StGB in Germany . It is a theft-like crime that can be committed in two ways. The more serious variant of the offense is realized when the perpetrator enriches himself by withdrawing electricity. The less severe variant of the crime consists in harming another person by withdrawing electrical power.
Legislative history
The criminal offense arose after the legal question arose in the context of electrification as to whether electricity was a thing within the meaning of the theft paragraph ( § 242 StGB). While the French court of cassation answered in the affirmative, the German Imperial Court ruled twice that this was not the case. The legislature closed the criminal liability loophole created in this way by creating a separate criminal offense for the removal of electrical energy with the law on the punishment of the removal of electrical work on April 9, 1900 . This fact was incorporated into today's Criminal Code with the 3rd Criminal Law Amendment Act on August 4, 1953. Since January 26, 1998, the rules on house and family theft and the theft of low-value items have been applicable analogously.
Basic fact
The basic offense of Section 248c, Paragraph 1 of the Criminal Code is accordingly constructed parallel to the offense of theft . The factual feature of foreignness can not be adopted unmodified due to the lack of quality electrical energy and thus due to lack of ownership . Rather, “foreign” within the meaning of § 248c StGB is electrical energy, which the perpetrator has no right to use.
The act of withdrawal undisputedly includes unauthorized tapping by connecting a physically suitable conductor and bridging a fuse or electricity meter removed from the electricity supplier . However, it is controversial whether an indirect transmission, for example by induction, is sufficient.
It is undisputed that this does not include manipulation of the meter itself or the mere use of a properly connected light source in violation of the contract. The misuse of so-called automatic machines such as a public telephone, on the other hand, falls under the offense of fraudulent performance contained in Section 265a of the Criminal Code .
The subjective element requires about according to § 15 of the Criminal Code always necessary intent beyond Zueignungsabsicht .
§ 248c paragraph 2 declares the attempt to be punishable, cf. Section 12 (2) (penalty for offenses ) and the criminal liability of the attempt Section 23 StGB. Due to the reference contained in paragraph 3, the offense is a relative claim offense . In practice, the basic facts play a role.
Privilege
Section 248c (4) of the Criminal Code contains privileges in the event that instead of appropriation there is a mere intention to damage. From the systematic position according to paragraphs 3 and 4, which relate solely to the basic offense, it follows that the attempt in this case is not punishable and that it is an absolute application offense (paragraph 4 sentence 2). In practice, however, this rule is rarely used.
Competitions
§ 248c StGB is lex specialis to the theft standardized in § 242 StGB and thus takes precedence over it. However, there is no case of Section 248c StGB, but one of Section 242 StGB if an energy source is stolen itself. Article 265a of the Criminal Code supersedes Section 248c of the Criminal Code. Unlike fraud and theft, there is no exclusivity relationship between fraud in accordance with § 263 StGB and § 248c StGB.
Law of the GDR
In the GDR , after the law of 1900 was repealed, the withdrawal of electrical energy was seen as theft of socialist property .
Web links
- Criminal liability through charging a mobile phone (PDF; 75 kB)
Hints
- ^ Sirey 1913, Part 1, 337
- ↑ RGSt 29, 111 (1896); RGSt 32, 165 (1899)
- ↑ so the prevailing doctrine, z. B. Lackner / Kühl, Criminal Code with Explanations, Beck, Munich, 2001.
- ^ Lackner / Kühl, Criminal Code with Explanations, Beck, Munich, 2001.
- ↑ Section 1 (3) of the Introductory Act to the Criminal Code and the Code of Criminal Procedure of the German Democratic Republic of January 12, 1968
- ↑ § 158 StGB-DDR (1968); BG Frankfurt (Oder), judgment of 25 August 1970 (II BSB 188/70), NJ 1971, 84; Wilhelm Rettler: The criminal law protection of socialist property in the GDR . De Gruyter, 2010, p. 109 ( full text in Google Book Search).
