Objective condition of criminal liability
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:
- the death or serious injury of a person in the event of participation in a brawl, Section 231 of the Criminal Code
- the "noise in fact committed" the crime of full rush § 323a of the Criminal Code
- the "legality of the official act" in the case of resistance against enforcement officers § 113 StGB
- the “legality of the application of the seal” in the event of a breach of the seal § 136 StGB
- "If a member of the group commits an offense according to §§ 177 or 184i" for offenses from groups § 184j StGB
- the "non-verifiability of the dishonorable fact" in the case of defamation § 186 StGB
- the " suspension of payments" in the context of insolvency crimes , for example bankruptcy § 283 VI StGB and debtor favoritism § 283d IV StGB
literature
- Otto Schwarz (start), Thomas Fischer (Hrsg.): Criminal code and subsidiary laws. 59th edition. Beck Verlag, Munich 2012, ISBN 978-3-406-60892-6 , p. 129 (§ 17 marginal number 27).
- Uwe Murmann: Basic course in criminal law. Beck Verlag, Munich 2011, ISBN 978-3-406-61586-3 , p. 66.
- Johannes Wessels (greeting), Werner Beulke (editing): Criminal law. General part. 41st edition. Müller Verlag, Heidelberg 2011, ISBN 978-3-8114-9822-8 , p. 54 f.
Web links
- Katharina Beckemper : The function of the objective condition of criminal liability: restriction to criminal cases or violation of the guilt principle? ZIS 2018, pp. 394–402
Individual evidence
- ↑ Joachim Renzikowski : No! - The new sexual criminal law. In: NJW 2016, 3553 (3557).
- ↑ BT-Drs. 18/9097 , p. 31.