Continuation context
Under continued connection (also continuing offense) is to understand the combination of several criminal offenses related to a single violation.
The prerequisite for a continued offense is that the criminally relevant act
- directed against the same legal interest
- the approach is the same, and
- there is a close temporal connection, and
- a uniform intent (overall intent)
present.
Germany
The “ continued action context” (continuation context ) was “abolished” by the Federal Court of Justice (BGH) with a decision of May 3, 1994 ( Great Senate for Criminal Matters ).
Problems with this dogmatically insufficiently comprehensible legal figure presented in particular the following constellations: serial perpetrators, gangs, the principle ne bis in idem , quantities within the meaning of the BtMG , start of the statute of limitations, reciprocal relationship between domestic and foreign. In addition, the possibility of judicial abuse was repeatedly asserted.
The Great Senate for Criminal Matters of the BGH set the following principle:
" The combination of several behaviors, each of which constitutes a criminal offense, to a continued action presupposes that this, which is to be measured in terms of the criminal offense, is indispensable in order to properly record the injustice and guilt that has been committed "
Austria
The legal form of the continuation context is not regulated by law in Austria, but has been developed by teaching and jurisprudence. In Austria, the continuation of teaching is traditionally seen as a manifestation of pseudo-competition.
Limits
The continuation context does not apply in the case of impairment of highly personal legal interests (e.g. sexual integrity) if the individual offenses are directed against different people. In the case of property crimes, however, the identity of the injured person is not required. So there can be a continuation connection, even if one perpetrator commits theft from different people .
criticism
The continuation context can in principle also be to the advantage of the accused. However, the case law in Austria has so far done the opposite in connection with drug offenses. “ She has both added up various types of narcotic drugs from an offense to a large amount and, in the case of several offenses, ascertaining a continuation connection, adding them up to a large amount. The consequence of this are high prison sentences for addicts and, as already mentioned, the limitation or impossibility of the therapeutic and diversification measures provided for in the SMG . "
Liechtenstein
In many cases, the Liechtenstein Criminal Code and also the case law follow the model and case law of the Austrian Criminal Code . This formed the template for the reception . Like the Austrian Criminal Code, it is divided into two parts, the general part, §§ 1–74, and the special part, §§ 75–321.
In terms of content, too, it follows the Austrian model to a large extent.
literature
- Andreas Venier, The Continuation of the Context in Austrian Criminal Law , Vienna 1989, Manz Verlag, ISBN 978-3-214-07900-0
See also
Individual evidence
- ↑ The overall resolution is a resolution that is aimed from the outset on a step-by-step realization of a specific end goal (overall success).
- ↑ Diethelm Kienapfel , Criminal Law General Part , Vienna 1991, Manz Verlag, pp. E 8, margin nos. 58, 60, ISBN 3-214-06612-9 .
- ↑ BGHSt 40,138 End of the legal figure of the continuation context
- ↑ Carsten Krumm : The little brother of the continuation context: "Straffe Contraction" beck-blog, May 2, 2013
- ↑ BGH , decision v. May 3, 1994, Az .: BGH GSSt 2/93, GSSt 3/93 = NJW 1994, 1663 ff. = BGHSt 40, 138
- ↑ Diethelm Kienapfel, Criminal Law General Part , p. E 8, margin no. 56.
- ↑ Diethelm Kienapfel, Criminal Law General Part , p. E 8, margin no. 61.
- ↑ Diethelm Kienapfel, Criminal Law General Part , p. E 8, margin nos. 57a, 63, for a restrictive see margin nos. 57b, 62.
- ↑ Margarethe Flora, The calculation of limit quantities in the light of the new SMG , Österreichisches Anwaltsblatt , p. 12 ff.
