Leather strap case
The leather strap case ( BGHSt 7, 363 from 1955) is a judgment of the Federal Court of Justice from criminal law , especially on the area of the distinction between conditional intent ( dolus eventualis ) and negligence .
The facts of the criminal case was like stored follows: A and B wanted X rob . They considered choking him to unconsciousness with a leather strap. However, realizing that the victim could also die from the throttling, they decided to hit X on the head with a sandbag to stun him. The sandbag burst, however, and a scuffle broke out, in the course of which A and B resorted to the leather straps and throttled X until they were motionless. Then they took his things away from him. Subsequently, they became concerned about whether X was still alive and attempted resuscitation, but they were unsuccessful.
The question that the leather strap case illustrates is whether there was a conditionally intentional homicide and thus a murder , or just negligent homicide . The BGH decided on murder because the perpetrators not only acted carelessly, but had clearly recognized that their actions could lead to X death.
Individual evidence
- ^ BGH, judgment of April 22, 1955 , Az. 5 StR 35/55, full text = BGHSt 7, 363.
- ^ Roxin, Claus (1994): Criminal Law - General Part , Munich: Beck. P. 356.
- ^ Jescheck, Hans-Heinrich / Weigend, Thomas (1996): Textbook of criminal law , general part. Berlin: Duncker & Humblot. P. 300.
- ↑ Roxin (1994), p. 357.
