Qualification (criminal law)
In criminal law, qualification is understood to mean the expansion of a basic offense to include aggravating elements of the offense or this expanded offense and its implementation ( offense ).
Examples
Example from Germany
A qualification of (simple) " bodily harm " is "dangerous bodily harm". According to Section 224 of the Criminal Code, this dangerous bodily harm not only includes the basic offense of bodily harm ( Section 223 of the Criminal Code), but also lists other features. Because of these additional features, the corresponding act is also viewed as more punishable.
Example from Switzerland
In Switzerland, "intentional homicide" according to Art. 111 StGB represents the basic offense of homicides. In relation to this, "murder" ( Art. 112 StGB) represents the qualification of "deliberate homicide". For a "murder" it is not only necessary a person can be killed with intent, but the perpetrator must also fulfill a special murder characteristic (such as acting for a particularly reprehensible motive).
Features and consequences of this
The qualification not only has its own offense, but also a more stringent penalty than the basic offense. Therefore the qualification is not a rule of sentencing , but a separate, more special offense. The explanations on the formal definition of crime are therefore applicable to them. However, the qualification facts (at least in Germany) are increasingly being replaced by the standard example technology.
Because the qualification is the more specific law due to the additional element of the offense, it displaces the more general basic offense ( specialty ). In the first example, the perpetrator is not convicted of bodily harm and dangerous bodily harm, but only because of the latter.
Compare too
A special case of qualification is the qualification for success .
The counterpart to qualification in criminal law is privilege .
The offense against which the qualification represents an extension that increases the scope of the penalty is called (as mentioned above) the " basic offense ".
