Main act
The term main offense is used in German criminal law in the context of the teaching of perpetration and participation . It describes the act committed that can become the subject of participation. The participant is either the instigator according to § 26 StGB or the assistant according to § 27 StGB.
Since inciting the determination of another to his illegal act and aiding and abetting requires the assistance in the illegal act of another, it becomes clear that the participation must refer to another act, which is then referred to as the main act in criminal language usage .
The intention of the main offense does not have to be as specific with the assistant as with the instigator.
Individual evidence
- ↑ Günter Heine / Bettina Weißer in: Schönke / Schröder, 30th edition 2019, StGB § 27 Rn. 29
- ↑ Federal Court of Justice: judgment of January 13, 2015, file number 1 StR 454/14 , NStZ-RR 2015, p. 75, beck-online.
