Causing an explosive explosion
The causing an explosion is an offense that in Germany in § 308 of the Criminal Code is normalized. The offense is a crime that is punishable by imprisonment for no less than one year.
The regulation protects the legal interests of the life and health of other people as well as significant third-party property . The act is a concrete endangering offense , which does not, however, have to be a common danger .
Content and requirements
The offense in the first paragraph consists of an act and a consequence: The perpetrator must cause an explosion and a concrete danger that it creates , which is based on the specific nature of the explosion. The intent of the agent must also relate to the specific threat.
Offense
The explosion is a sudden event that releases strong pressure waves with extraordinary acceleration. The processes described by the standard are usually triggered by explosives , which are specified in more detail in the first paragraph of the Explosives Act and its annexes ("Solid or liquid substances and preparations (substances) that are not exposed to exceptional thermal, mechanical or other stress can be made to explode ”).
In addition to these substances, other substances or substance mixtures can be made to explode, so that the regulation also includes other dangerous substances - such as easy-to-produce mixtures of sodium chlorate (previously often from WeedEx ) with sugar or other fuels -, explosive gas mixtures and even water vapor .
Since “explosion” is not understood here as a scientific term, but as a normative term, it not only covers pressure energies released to the outside, but also explosion-like processes with a destructive effect caused by negative air pressure ( implosion ).
It is controversial whether the regulation applies to small explosions that can be triggered by household appliances (gas stoves, pressure cookers ) or fireworks . While Karl Lackner denies this from the point of view of social adequacy and the often negligible destruction and already rules out the fact, there is no reason for Thomas Fischer to renounce the arson under Section 306 of the Criminal Code either. In individual cases, it can be checked whether there is justifying consent .
illegality
The act can be justified if it is within police regulations or social adequacy or if it was part of certain technical production processes. If the agent has a permit according to § 7 of the Sprengstoffgesetz (SprengG), but does not adhere to the provisions, both a violation of its requirements (§§ 40–43 SprengG) and § 308 StGB may be relevant. Permission itself cannot justify an act.
Qualifications and details
The following paragraphs contain successful qualifications that make them more punitive . While the perpetrator in paragraph 2 must have caused serious damage to the health of another person or a simple damage to the health of several people, paragraph 3 presupposes the death of another, which was caused at least recklessly within the meaning of § 18 StGB . In this case, the offender must expect life imprisonment or a sentence of no less than ten years.
If the perpetrator has used less dangerous explosives, a less serious case may exist, for which he can benefit from the more favorable penalties under Section 308 (4). However, if he caused the death of a person, no reduction is possible, which in view of the reduced sentence for the less serious case of manslaughter according to § 213 StGB is conspicuous.
The last two paragraphs also standardize reduced penalties for combinations of intent and negligence as well as pure negligence in which there is only one offense .
Depending on the sequence of events it is possible to bring about an explosion tateinheitlich with other offenses such as criminal damage and arson , robbery , extortion , assault or homicide to commit.
Individual evidence
- ↑ a b Thomas Fischer , § 308, causing an explosive explosion, marginal no. 1, in: Criminal Code and ancillary laws, CH Beck, Munich 2012, p. 2177
- ↑ Thomas Fischer, § 308, causing an explosive explosion, marginal no. 3, in: Criminal Code and ancillary laws, CH Beck, Munich 2012, p. 2177
- ↑ Karl Lackner , § 311 aF StGB, Publicly Dangerous Crimes, in: Criminal Code with Explanations, CH Beck, Munich 1997, p. 1312
- ↑ Thomas Fischer, Section 308 of the Criminal Code, bringing about an explosive explosion, marginal no. 5, in: Criminal Code and ancillary laws. CH Beck, Munich 2012, p. 2177
- ↑ Thomas Fischer, § 308, causing an explosive explosion, marginal no. 9-10, in: Criminal Code and Ancillary Laws, CH Beck, Munich 2012, p. 2178
