Public poisoning
| year | cases | Clearance rate |
|---|---|---|
| 1988 * | 17th | 77% |
| 1989 * | 15th | 67% |
| 1990 * | 15th | 33% |
| 1991 * | 33 | 79% |
| 1992 * | 18th | 50% |
| 1993 * | 23 | 61% |
| 1994 * | 21st | 57% |
| 1995 * | 60 | 75% |
| 1996 * | 23 | 74% |
| 1997 * | 28 | 39% |
| 1998 * | 37 | 46% |
| 1999 | 18th | 33% |
| 2000 | 22nd | 32% |
| 2001 | 14th | 29% |
| 2002 | 12 | 42% |
| 2003 | 22nd | 41% |
| 2004 | 16 | 50% |
| 2005 | 10 | 50% |
| 2006 | 8th | 50% |
| 2007 | 10 | 40% |
| 2008 | 8th | 37.5% |
| 2009 | 7th | 42.9% |
| 2010 | 8th | 25% |
| 2011 | 7th | 42.9% |
| 2012 | 14th | 7.1% |
| Source: PKS (code 6770)
*) common figures for |
||
Public poisoning is a German criminal offense , which is regulated in § 314 StGB .
text
- (1) Anyone who is punished with imprisonment from one year to ten years
- 1. Water in contained springs, in wells, pipes or drinking water storage tanks or
- 2. objects intended for public sale or consumption,
- poisoned or mixed with them substances harmful to health or poisoned or mixed with substances harmful to health within the meaning of number 2 sold, for sale or otherwise put on the market.
- (2) Section 308 Paragraphs 2 to 4 apply accordingly.
(Source: § 314 StGB, announcement of the new version of the Criminal Code of November 13, 1998, Federal Law Gazette I p. 3322 )
Offense
The act is an abstract endangering offense, so there need not have been a specific endangerment of a specific person. The offense is divided into the poisoning of objects and the placing on the market of poisoned objects. These objects of crime include water that is caught in certain devices (para. 1 no. 1), as well as all objects that are intended for public sale or consumption (para. 1 no. 2), e.g. B. Food and consumer goods such as toys or articles of clothing.
Under poisoning means adding an organic or inorganic material that is suitable according to its kind, the evidence adduced amount of the form of the provision and the body condition of the victim to destroy health by chemical or physical-chemical effect. Also by adding other harmful substances, such. B. act mechanically like broken glass, the fact is fulfilled.
In order to bring the objects mixed with harmful substances into circulation, it is sufficient to provide them for sale (holding for sale). Giving away the items free of charge also fulfills the criteria.
Conditional intent is sufficient , but when it is placed on the market it must also cover the hazardous nature of the substance.
Penalty framework, qualifications for success
The act is punished with imprisonment from one year to ten years. In less serious cases, imprisonment of six months to five years can be recognized (Section 314 (2) in conjunction with Section 308 (4) Hs. 1 StGB).
If the act causes serious damage to the health of another person or damage to the health of a large number of people, the term of imprisonment is not less than two years (Section 314 (2) in conjunction with Section 308 (2) StGB) and in less serious cases one year up to ten years (Section 314 (2) in conjunction with Section 308 (4) Hs. 2 StGB).
If another person dies as a result of the act, at least recklessly , the penalty is life imprisonment or imprisonment for no less than ten years (Section 314 (2) in conjunction with Section 308 (3) StGB).
history
The regulation goes back to the fact of the well poisoning , which in § 324 StGB a. F. was regulated. The 18th Criminal Law Amendment Act (1980) changed the norm to § 319 StGB a. F., without any changes to the content.
A revision took place as part of the 1998 criminal law reform . While well and water tanks were previously the subject of protection of the norm, the water itself has now become a subject of protection. Furthermore, the standard has been linguistically simplified, the qualification (killing of a person) has been replaced by a reference to Section 308 (3). Originally, the offense should only be deemed to have been fulfilled if “the life or limb of another person or other people's property of significant value is endangered”; however, it was not possible to enforce this plan to convert the offense into a specific offense at risk .
literature
- Adolf Schönke, Horst Schröder: Criminal Code. Comment. CH Beck, Munich 2006. 27th edition. § 314. ISBN 3-406-51729-3 .
Individual evidence
- ↑ Police crime statistics, time series 1987–2007 ( Memento of the original from March 17, 2007 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.
- ^ Draft of a Sixth Law to Reform the Criminal Law. (PDF; 2.2 MB) BT-Drs. 13/8587, p. 50 f.
