Perpetrator

from Wikipedia, the free encyclopedia

A perpetrator is generally someone who carries out an act or has done something, especially a criminal .

Word origin and change in meaning

The abstraction formed to do , Tat , Old High German and Middle High German tât , can be proven early (around the 8th century). Offender designations are then to find initially in compositions such Guttäter (ahd. And MHD), guottæter to formed guottât or Guttäterin and culprit , vbeltæter formed to vbeltât or culprit and deviated with similar formation manner benefactors or benefactor to benefit , and Missetäter , formed to iniquity, Gothic missadêds (as in the Wulfilabibel ), ahd. missatât, missitât, missetât, mistât and mhd. missetât .

However, we only encounter the simple word perpetrator in the 15th century. It is first used generally with a main meaning in the sense of agent, for "a person who does something, carries out something, brings it to reality, has done or has done something". In addition, it can mean “in the narrower sense a person who has committed a crime”. These two meanings are also given for the word in 20th century lexicons.

However, the previously mentioned meaning indication, which was to be understood in a value-neutral manner, increasingly faded. In the meantime, a negative connotation has clearly emerged. Today - especially in the media - someone is referred to as a perpetrator who has committed a criminal offense or at least an act that is perceived as wrong . The negative sense of the word is in many compound words such as description of the perpetrator , perpetrators , perpetrator group significantly; see also " desk offenders ". In legal language , a perpetrator is anyone who commits an illegal act.

Concept of perpetrator in German legal language

In the legal field, the meaning differs depending on the subject.

Criminal law and administrative offense law

In Germany's criminal law , a perpetrator is anyone who commits an offense threatened with punishment himself or by someone else ( Section 25 StGB). Those involved in the act, such as instigators or assistants, are not offenders in the criminal sense. The reason for this differentiation is the increased need in criminal law to punish individual guilt . Instigators are punished like a perpetrator, although they were usually not present when the offense was carried out ( Section 26 of the Criminal Code), while the punishment of the assistant is to be mitigated ( Section 27 (2) of the Criminal Code).

In contrast, German law on administrative offenses only recognizes the “unitary offender”. Everyone involved in the act is treated like a perpetrator ( § 14 OWiG), regardless of whether he was the perpetrator or was only involved in the act.

civil right

In civil law , the term perpetrator is used in connection with the payment of damages due to tort and in property law in connection with the protection of property . The evidence of the perpetrator in § 830 , § 859 and § 864 BGB to be found in the German Civil Code (BGB) have no significantly different meaning than in criminal law; They also stand there for someone who has either committed a criminal offense ( Section 823 (2) BGB) or has at least unlawfully intervened in absolutely protected legal positions of the individual ( Section 823 (1) BGB). Interfering with such a legal position does not necessarily have to be a criminal offense at the same time (e.g. in the event of a disruption of property rights or a violation of general personal rights ). Even civil law does not differentiate between perpetrators and participation; anyone who is involved in the illegal act is considered to be a perpetrator under tort law. Instigators and assistants are equal to accomplices ( Section 830 (2) BGB).

Public law (administrative law)

The administrative law uses the term offender only few, eg. B. in connection with expulsions of foreigners ( Section 54, Subsection 2, No. 3 of the Residence Act). In doing so, it refers to previously committed offenses. There is no independent public law criminal term.

Term of perpetrator in the Austrian and Swiss legal language

While the Swiss criminal law as the German criminal law between perpetrators, instigators and helpers is different ( Art. 24 , Art. 25 and Art. 26 Swiss. Criminal Code ), treated Austrian criminal law all on a fact involved consistently as a perpetrator ( unit perpetrators term , § 12 Austrian . StGB ).

Literature / web links

Individual evidence

  1. ^ Friedrich Kluge : Etymological dictionary of the German language . De Gruyter, 23rd edition, p. 816.
  2. ↑ benefactor, m. . In: Jacob Grimm , Wilhelm Grimm : German Dictionary . Hirzel, Leipzig 1854–1961 ( woerterbuchnetz.de , University of Trier).
  3. ↑ donor, f. . In: Grimm: German dictionary.
  4. ↑ malefactor, m. . In: Grimm: German dictionary.
  5. ↑ malefactor, f. . In: Grimm: German dictionary.
  6. ↑ benefactress, f. . In: Grimm: German dictionary.
  7. ↑ offender, m. . In: Grimm: German dictionary.
  8. ↑ missethat, m. . In: Grimm: German dictionary.
  9. ↑ Furthermore, the Grimm records not only the culprit , educated to do wrong , but also the perpetrator .
  10. ↑ offender, m. . In: Jacob Grimm , Wilhelm Grimm : German Dictionary . Hirzel, Leipzig 1854–1961 ( woerterbuchnetz.de , University of Trier).
  11. ↑ See e.g. B. Der Neue Brockhaus, Lexicon and dictionary in five volumes and an atlas, 4th edition 1971.
  12. ↑ Cf. The Brockhaus encyclopedia in 24 volumes , 19th edition 1993, only lists the criminal under the term of the perpetrator. Likewise, the entry perpetrators in Duden-online, accessed on August 29, 2019.