Privilege
Privilege in jurisprudence means the justified, positive exception to the rule of equality . Examples of this are privileged crimes, such as killing on demand ( Section 216 StGB ) or from public building law, construction projects ( Section 35 BauGB ).
They must not be confused with the privileges that people of a certain class could claim for themselves in the past.
Criminal law
The concept of privilege relates to the structure of offenses in criminal law and is the counterpart to qualification (also qualification).
The starting point for the qualification is always the basic offense (the basic offense). Certain elements of the offense, which require the application of a sentence, justify the criminal liability through a certain behavior. The addition of further circumstances, and therefore further elements of the offense through which the offense is punished more leniently, change the scope of the penalty. This less punishable offense is known as privileging the basic offense.
As an example of Austrian criminal law, theft ( § 127 ÖStGB ) is named as a basic offense: "Anyone who takes away a movable property from someone else with the intention of illegally enriching himself or a third party by appropriating it" must be punished.
If the perpetrator now commits a theft "out of necessity, out of rash or to satisfy a desire" in relation to "a thing of little value", this is only after the offense of theft ( § 141 ÖStGB) and thus milder - namely with a maximum one sixth of the penalty for theft - to punish. In this sense, theft is a privilege of theft.
Individual evidence
- ↑ See Creifeld's legal dictionary: "Privilege", "Privileged building project", "Privileged criminal offenses".
