Criminal liability
Under the criminal offense is defined as the property of an action , an omission or Duldens , the subject of a criminal sanction to be.
According to Section 1 of the German Criminal Code and Section 1 of the Austrian Criminal Code , criminal liability initially requires the existence of a law threatening the act with punishment at the time of the offense (principle of nulla poena sine lege , “no punishment without law”; rule of law ).
Then the violation of this law must exist both in an objective (the actions must fulfill the so-called objective factual state ) and in a subjective (knowledge of the action as well as a form of intent for the action in accordance with the law ).
Furthermore, there must be no justifying or excusing facts. Self-defense in accordance with Section 32 (2) of the German Criminal Code or Section 3 (1) of the Austrian Criminal Code is justified . B. a supra-legal emergency i. S. v. Section 35 of the German Penal Code or in Austria: excusing state of emergency according to Section 10 of the Austrian Tax Code. The victim's consent also excludes criminal liability in certain cases (e.g. surgical intervention , injection , sports with risk of injury) ( volenti non fit iniuria ).
Penalization as a process
The process in which an act is criminalized is called penalization . This puts a behavior under penalty (penalty). The reason for penalization lies in the socially harmful nature of the behavior.
Individual evidence
- ↑ Harro Otto : Basic Course in Criminal Law, General Criminal Law , 7th edition 2004, § 1 Rn. 37.
