Objective condition of criminal liability

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In German criminal law, an objective condition for criminal liability (also an annex of the offense) is a requirement for criminal liability that must be objectively, i.e. actually, fulfilled, but which does not contribute to the injustice of the act and the guilt of the offender.

According to the prevailing doctrine , such a constituent feature does not belong to the objective factual condition . So it doesn't have to be intentional . Section 16 of the Criminal Code does not apply to an error about such a feature , rather the idea of ​​the perpetrator is irrelevant, the error is irrelevant.

The test location is controversial. The examination at the end of the crime structure after guilt is dogmatically correct . Mostly more efficient and therefore more frequent in practice, however, is the check as a so-called factual annex between the factual situation and unlawfulness , which saves unnecessary explanations about unlawfulness and guilt if the condition is not met.

Whether there is a mere objective condition of criminal liability or a genuine objective element of the offense must be determined through interpretation . The former is always based on considerations of expediency, in particular reasons of penal economy .

Examples of mere objective conditions of criminal liability are:

literature

Web links

Individual evidence

  1. Joachim Renzikowski : No! - The new sexual criminal law. In: NJW 2016, 3553 (3557).
  2. BT-Drs. 18/9097 , p. 31.