Crimes from groups

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Criminal offenses from groups is a criminal offense from German criminal law . It is part of the sexual criminal law . Structurally, it is a criminal offense with an objective condition of criminal liability .

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It is regulated in Section 184j of the Criminal Code (StGB):

Crimes from groups

Anyone who promotes a criminal offense by participating in a group of people who presses another person to commit a criminal offense against them will be punished with imprisonment for up to two years or with a fine if one of those involved in the group committed an offense according to §§ 177 or 184i is committed and the act is not threatened with a heavier penalty in other regulations.

Offense

The perpetrator must participate in a group of at least three people to which the victim does not belong. Participation is not to be understood in the sense of §§ 25-27 StGB, but rather non-technical, like participating in a fight . A conscious and intentional cooperation is not required.

This group has to "press" the victim. To harass means “to emphatically prevent the exercise of one's freedom of movement or other free will activity”. However, this has to be persistent to some extent. Short-term mere blocking of the path or short-term intimidation by loud roaring should not be enough, for example.

The harassment must be in order to commit any crime (not necessarily a sexual offense).

The intent (at least contingent intent ) must extend to the participation in the group and the harassment as well as the fact that the perpetrator's contribution enables or facilitates the commission of a criminal offense.

Objective condition of criminal liability

The fact that a sexual offense was actually committed by the group is a mere objective condition of criminal liability under Section 184j , so it does not have to be covered by the intent of the offender. The sexual offense must be one according to § 177 ( sexual assault / sexual coercion / rape ) or § 184i StGB ( sexual harassment ).

History of origin

The standard was created with the 50th Criminal Law Amendment Act and came into force on November 10, 2016. The background was above all the attacks on New Year's Eve 2015 in Cologne .

criticism

The breadth of this provision and the alleged lack of the rule of law are criticized. Joachim Renzikowski writes: "The new criminal offense is one of the worst aberrations of the legislature and has nothing to do with a constitutional criminal law." From other, disputed side, however, the norm is seen as compatible with the principle of guilt .

Web links

Wolfgang Mitsch : Sexual harassment (§ 184i StGB) and criminal offenses from groups (§ 184j StGB). In: KriPoZ Kriminalpolitische Zeitschrift 06/2019.

Individual evidence

  1. ↑ a b c d Joachim Renzikowski : No! - The new sexual criminal law. In: NJW 2016, 3553 (3557).
  2. ↑ Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 184j Rn. 4th
  3. ^ Theo Ziegler in: BeckOK StGB, v. Heintschel-Heinegg, 46th edition as of May 1, 2020, § 184j marginal no. 5.
  4. ↑ a b Tatjana Hörnle : The law to improve the protection of sexual self-determination. In: NStZ 2017, p. 13 (21).
  5. ↑ a b c BT-Drs. 18/9097 , p. 31.
  6. ↑ Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 184j Rn. 3.
  7. ↑ Jörg Eisele in: Schönke / Schröder Criminal Code, 30th edition 2019, StGB § 184j III.
  8. ↑ a b Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 184j Rn. 5.
  9. ↑ Fiftieth Act to Amend the Criminal Code - Improving the Protection of Sexual Self-Determination of November 4, 2016, Federal Law Gazette 2016 I p. 2460 .
  10. ↑ Martin Heger in: Lackner / Kühl, StGB, 29th edition 2018, § 184j Rn. 1.
  11. ↑ a b Monika Frommel in: Kindhäuser / Neumann / Paeffgen, Criminal Code, 5th edition 2017, § 184j Rn. 6-8