Place of success (illegal act)
The place of success of an illegal or criminal act is the place where the success of this act occurred. This can be both the place of the causal event (place of action) and the place where the damage occurred (place of damage). In English this term means place of effect .
The tortious place of success must be distinguished from the place of success under the law of obligations .
Germany
The place of success is of decisive importance in tort and criminal law . The basis is the crime scene principle.
Tort law
The place of occurrence of the unauthorized act establishes a special place of jurisdiction in Germany according to Section 32 ZPO . According to Section 32 of the German Code of Civil Procedure, in addition to the general place of jurisdiction at the place of residence of the injuring party ( Section 13 of the German Code of Civil Procedure), the court in whose district an unlawful act (especially Sections 823 et seq. BGB ) was committed is responsible. The crime scene principle includes not only the act giving rise to the damage, but also the location where the damage occurred. Legal action can therefore be brought at the place of residence of the injuring party or at the place of the result.
Section 32 ZPO is also applied analogously to international jurisdiction.
For example, if a hunter in Germany shoots a hare and hits a hiker in Austria near the border, then the place of success of the unlawful act is both in Germany, the place of the causal event, and in Austria (place of damage). In such a case, the hiker can sue the hunter for damages in both Germany and Austria. The materially applicable law ( Lex loci delicti ) can be used by the plaintiff in a lawsuit in Germany in accordance with Select Art. 40 EGBGB .
Criminal law
According to Section 9, Paragraph 1 of the Criminal Code , an act is committed at any location where the perpetrator acted or should have acted in the event of failure to act, or where the success related to the offense occurred or should occur according to the perpetrator's presentation. In any case, the so-called success crimes have a factual success . In the case of dangerous offenses , a differentiated consideration is required. If the place of success for distance offenses is (also) in Germany, it is a domestic offense according to § 3 StGB with the result that German criminal law is applicable.
Austria
Switzerland
In Switzerland, the place of the crime and the place of success are defined in the Criminal Code, Article 7. The place of success of an attempted criminal act is considered to be the place where the act should have taken place according to the intent of the perpetrator.
literature
- Henning Dehnert: The delictic place of success with pure property damage and personal rights violations. An investigation of European and German international civil procedural law and international private law Writings on economic and media law, tax law and civil procedural law - Volume 47, Peter Lang Verlag 2011. ISBN 978-3-631-61088-6
Individual evidence
- ↑ http://dict.leo.org/forum/viewUnsolvedquery.php?idThread=224371&idForum=1&lp=ende&lang=de
- ↑ BayObLG, decision of August 31, 1995 No. 1 b) bb)
- ↑ BGHZ 132, 105, 112 f .; BGH, decision of December 10, 2002 - X ARZ 208/02 Item III.3.d
- ↑ Martin Heger : Internationales Criminal Law I - International and European References to German Criminal Law ( Memento of the original from June 27, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. HU Berlin , 2015, pp. 3, 4
- ↑ Criminal Code, Article 7 (Switzerland)
