Parallel scoring in the lay sphere

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The parallel evaluation in the lay sphere is a legal figure of German criminal law dogmatics that was developed to assess subjective elements of the offense in normative legal terms. Its main area of ​​application is in the assessment of intent . However, it is also applied analogously to justifications and excuses .

The doctrine of the parallel evaluation in the lay sphere was developed by the jurisprudence , because a punishment for intentional act i. S. d. Section 15 of the Criminal Code, as can be seen from Section 16 of the Criminal Code, is excluded if the offender does not know a circumstance of the statutory offense (so-called factual error ). If these circumstances of the statutory offense are legal relationships or legally established institutions, this teaching weakens the requirements for the knowledge of the perpetrator. He only needs to have roughly understood it, because a layperson cannot be expected to provide a precise legal definition of these circumstances and their limits.

For example, a conviction for theft according to § 15 i. V. m. Section 16 of the Criminal Code excluded if the perpetrator does not know that the stolen item is "foreign". The strangeness of the thing is determined by the provisions of property law , according to which the thing may neither be the sole property of the perpetrator nor be ownerless. According to the doctrine of parallel valuation in the layman's sphere, the perpetrator does not have to know exactly the property rights of the thing he has stolen. Rather, it is sufficient for a conviction if he has recognized that it belongs to someone else.

See also

literature

  • Ingeborguppe , in: Nomos Commentary on the StGB, ed. 5, 2017, § 16 marginal no. 45.
  • Ulfrid Neumann , in: Nomos Commentary on the StGB, ed. 5, 2017, § 17 Rn. 39.
  • Wolfgang Joecks , in: Munich Commentary on the Criminal Code, ed. 3, 2017, § 16 Rn. 70 ff.