Legal consequences solution
The term solution to legal consequences denotes an unwritten rule on the determination of the penalty for murder developed by the Federal Court of Justice . In place of life imprisonment , a more moderate range of penalties applies if the imposition of life imprisonment would be disproportionate despite the gravity of the injustice constituting the offense, because there are exceptional circumstances that significantly reduce the extent of the culprit's guilt e.g. B. deep compassion, "righteous anger", severe provocation. In doing so, the BGH does not refer to Section 213 of the Criminal Code, but applies the penalty framework of Section 49 I No. 1 of the Criminal Code.
The BGH said: "This should be able to be taken into account, for example, in the case of acts that are motivated by an emergency situation that appears hopeless, committed in great desperation, out of deep pity or out of 'just anger' due to severe provocation or in a grueling conflict caused by the victim and constantly rekindled, or in serious insults of the perpetrator by the victim, which repeatedly move the mind violently. "
Individual evidence
- ↑ Download full text BGH decision of May 19, 1981, Az. GSSt 1/81. (PDF, 178 kB) In: www.iurado.de. Retrieved November 28, 2019 .
- ↑ BGH 1 StR 30/05 - 10 May 2005 (LG Tübingen) hrr-strafrecht.de. Retrieved October 14, 2019 .
- ↑ BGH 5 StR 504/15 - April 6, 2016 (LG Dresden) hrr-strafrecht.de. Retrieved September 18, 2018 .
- ↑ BGH 5 StR: NStZ 2016, 469 (470) BGH: Legal consequences of murder, BGH, judgment of 6.4.2016 - 5 StR 504/15 (LG Dresden) . tape 2016 , no. 8 , p. 470 .
