Property theory

This article or the following section is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.

The material value theory was created as a supplement to the substance theory , which was no longer considered sufficient . It met with a great response, especially in the so-called savings book cases, as these are not covered by substance theory. The material value theory states that not only the permanent expropriation of the thing itself serves as an element of expropriation, but also a material value inherent in the thing (Latin lucrum ex re). This means that the perpetrator must use a direct economic advantage resulting from the thing and thereby reduce the value of the thing. A distinction must be made here between expropriation and presumption of use , which is not always very easy in certain individual cases. If, for example, a savings account is stolen, withdrawn with this money and then returned to its original location, an inherent value of the thing has certainly been expropriated. It becomes more problematic in cases in which an advantage from the thing is used without reducing its value economically. According to the prevailing opinion, a pure presumption of use is assumed here. The distinction is important, since the presumption of use is exempt from punishment, apart from a few special cases, whereas expropriation is not.