Electricity theft case
The electricity theft case was a criminal matter on which the German Imperial Court had to decide in 1899. A similar case was dealt with in 1896.
Because theft was accused of a mechanic who had tapped without authorization a power line to his room to illuminate charged.
The subject of a theft could and can only be a (foreign movable) thing . This was problematic because electrical energy was a relatively new achievement at the time. The court finally denied the property on the grounds that electrical energy is not physical. The subsumption under the concept of thing would thus exceed the wording border. Therefore, the objective fact of theft is to be regarded as not having been met. A corresponding application to electrical energy would have violated the prohibition of analogy under criminal law. In a punishment without a legal basis, on the other hand, there would have been a violation of the principle nulla poena sine lege (no punishment without a law). Consequently, the defendant was acquitted as innocent under the law on May 1, 1899 .
The case is still used today as a textbook example of the fact that strict adherence to the rule of law may result in gaps in criminal liability , which are the task of the legislature to close .
As a reaction to the court decision, a new criminal offense relating to the withdrawal of electrical energy was added to the Reich Criminal Code on April 9, 1900 through the “Law on the Punishment of the Withdrawal of Electrical Work” . Today this offense is contained in § 248c StGB .
See also
Individual evidence
- ↑ RGSt 32, 165.
- ↑ Judgment of May 1, 1899, IV. Criminal Senate, Rep. 739/99; RGSt. 29, 111 online ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 68 kB)
- ↑ RGBl. P. 228
