Risk of rehab

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The risk for addiction in Germany § 323b of according to the Criminal Code (CC), a misdemeanor that with imprisonment up to one year or a fine will be punished.

text

The wording of § 323b StGB reads:

Anyone who knowingly procures or leaves alcoholic beverages or other intoxicating substances or induces him to consume such substances to another person who is placed in an institution on the basis of an official order or without his consent to an addiction treatment without the permission of the head of the institution or his representative, is subject to imprisonment up to one year or a fine.

Offense

The regulation protects officially ordered or otherwise initiated without the consent of the person concerned against disruption by third parties. The § 323b of the Criminal Code is an abstract threat offense . The standard criminalizes the provision or surrender of alcoholic beverages or other intoxicating substances without authorization as well as the distribution for consumption. A concrete risk cannot be represented from this act. The endangering moment is interpreted into the element of the “other”, who is accommodated for rehab, and initially interpreted quite unspecifically. Through the act of the crime, the victim is disturbed in the proper course of his rehab. There is the far-reaching possibility that the purpose of the rehab measures ordered will not be achieved. The endangerment of an outpatient or an addiction treatment, which can be canceled by the person concerned at any time, does not fall under § 323b StGB.

Individual evidence

  1. ↑ Harro Otto: Basic Course in Criminal Law - The Individual Offenses , Volume 2, Page 436, Gruyter, 2005, ISBN 3-89949-228-5
  2. ↑ Eduard Dreher, Otto Georg Schwarz: Penal Code with subsidiary laws a. Regulations , page 1171, Beck, 1976, ISBN 3-406-06123-0
  3. ↑ Regina Harzer: The factual situation of failure to provide assistance according to 323c StGB , p. 74, Klostermann, 1999, ISBN 3-465-02997-6
  4. ↑ Heinz Sträßner: Liability Law for Nursing Professions - A Guide , p. 109 Kohlhammer, 2006, ISBN 3-17-017030-9