Success offense

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With success offense one is offense referred, the facts describe a work that is in contrast to the mere "activity offense" a certain success triggers, which is not included in the criminal act itself, such as manslaughter or assault . “Success” in the normative sense is the criminally relevant disadvantageous change in the legal interest protected by the norm .

In some cases, it is still argued that, provided that the relevant facts are standardized, a mere threat can justify a (dangerous) success. According to this, the success should consist “in an injurious or dangerous effect that is spatially and temporally separated from the action ”. This applies to concrete , but not to abstract high-risk offenses . Examples of the specific endangered offenses as successful offenses are the road traffic offenses according to § 315b and § 315c StGB .

Success crimes require a causal link between action and success. In addition, the concrete success must be objectively attributable to the perpetrator as his work . In the causal context, the scientific-empirical path from the action as cause to success must be examined as effect; in the objective attribution context, the normative-evaluative path from success to action back is examined.

In contrast to this is the activity offense, the offense of which describes a simple active act, to which a success beyond this act does not have to occur (examples: false swearing , participation in gambling ).

See also

literature

Individual evidence

  1. ^ Claus Roxin : Criminal Law. 1997, p. 274.
  2. ↑ Federal Court of Justice : Order of September 28, 2010, file number 4 StR 245/10 .
  3. ↑ Volker Krey : German Criminal Law General Part: Volume 1. Kohlhammer 2008, p. 67
  4. ↑ Dreher / Tröndle : Criminal Code and ancillary laws , CH Beck, Munich 1995, before § 13 Rnr. 13.