Successive complicity
Successive complicity (from the Latin succedere : move up, follow) means that the accomplices can establish their required consent not only expressly, but also tacitly (implicitly) and even during the execution of the crime. The consequence of the successive complicity is that what has happened so far according to Section 25 (2) StGB is attributed to the person entering .
Example: A steals an MP3 player and a small photo camera in a department store. He's already stowed it in his jacket pocket. He is being watched by department store detective B. A points first to the MP3 player and then to B. B nods and helps A smuggle the devices past the till. B acts as an accomplice.
It is controversial to what stage of the offense successive complicity is possible. According to the doctrine of the rule of law represented in parts of the literature , this is only possible until the actual completion of the act . After completion, the event can no longer be “held in one's hands”. The Federal Court of Justice , on the other hand, takes the view against the background of the subjective theory it advocates that such complicity is even conceivable until the (material) end of the act.
literature
- Stefan Grabow / Stefan Pohl: The successive complicity and aid , JURA 2009, pp. 656–661
Individual evidence
- ↑ Claus Roxin Criminal Law AT II, 2003, § 25 Rn. 221
- ↑ Kristian Kühl in: Lackner / Kühl, StGB, 29th edition 2018, § 25 Rn. 12.
- ↑ BGH, judgment of April 24, 1952, file number 3 StR 48/52 = BGHSt 2, 344 .
- ^ BGH, judgment of August 7, 1984, file number 1 StR 385/84 = NStZ 1984, 548.
- ↑ BGH, judgment of November 3, 1995, file number 2 StR 225/95 = BGH NStZ 1996, 227, 228.
