Homicide (Germany)
In German criminal law, a homicide is understood to be an offense against human life .
Homicides in the strict sense
The offenses against life are regulated in Section 16 of the Criminal Code. The legally more precise formulation “offenses against life” differentiates between human life that has already been born and life that is still unborn as an independent legal asset. In terms of the term, homicides in the narrower sense presuppose the killing of a person who has already been born, whereas termination of the unborn life is referred to as termination of pregnancy .
The homicides designed as successful offenses include in particular murder § 211 StGB, manslaughter § 212 StGB, killing on request § 216 StGB, abortion § 218 as well as negligent homicide § 222 StGB, which therefore presuppose the death of a person as the result of the crime. However, the relationship, especially between murder and manslaughter, is highly controversial in jurisprudence. In the jurisprudential literature, for example, murder is classified as a qualifying offense for manslaughter, while the case law regards this as a separate offense compared to manslaughter.
On the other hand, there is the protection of unborn life, also classified in Section 16, namely the punishable termination of pregnancy § 218 StGB and other criminal offenses in connection with the termination of pregnancy. Since they do not presuppose the death of a person who has already been born, these offenses do not constitute homicides in the strict sense mentioned above.
The same applies to exposure , which, according to its normative purpose, is also intended to protect the legal asset of life, but is designed as a dangerous offense and therefore does not require the death of a person as the result of the crime.
Homicides in the broader sense
In addition to homicides in the above sense, the Criminal Code also recognizes other sections of offenses that are intended to protect the legal asset of life by means of successful qualifications . For example, sexual coercion according to § 177 StGB is qualified in § 178 StGB by the fact that the victim dies in the act.
Further examples of offenses qualified as a result of death include:
- Sexual abuse of children with death , § 176b of the Criminal Code
- Suspension resulting in death, Section 221 (3) StGB
- Bodily harm resulting in death, § 227 StGB
- Participation in a brawl in which the death of a person is caused, Section 231 (1) StGB
- Deprivation of minors resulting in death, Section 235 (5) StGB
- Deprivation of liberty resulting in death, Section 239 (4) StGB
- Extortionate kidnapping resulting in death, Section 239a Paragraph 3 StGB
- Hostage-taking (Germany) resulting in death, Section 239b (2), Section 239a (3) StGB
- Robbery resulting in death, Section 251 StGB (also in the form of predatory theft or predatory extortion with death)
- Robbery attack on drivers resulting in death, Section 316a Paragraph 3 StGB
- Arson resulting in death , Section 306c StGB
- Causing an explosion through nuclear energy or explosives resulting in death, Section 307 (3) StGB or Section 308 (3) StGB
- Abuse of ionizing radiation resulting in death, Section 309 (4) StGB
- Incorrect construction of a nuclear facility resulting in death, Section 312 (4) of the Criminal Code
- Causing a flood resulting in death, Section 313 (2), Section 308 (3) StGB
- Public poisoning with fatal consequences, Section 314 (2), Section 308 (3) StGB
- Attack on air and sea traffic resulting in death, Section 316c (3) StGB
- Damage to important facilities resulting in death, Section 318 (4) StGB
- Environmental offenses resulting in death, Sections 324 to 329 , Section 330 (2) No. 2 StGB
- Severe risk of toxic release resulting in death, Section 330a (2) StGB
In secondary criminal laws, there are other successful offenses that are linked to a successful killing.
Suicide
The suicide (suicide) is exempt from punishment in Germany. Thus, the attempt and participation ( aiding and abetting , inciting ) are in principle exempt from punishment. However, incitement to a person incapable of guilt or incitement by means of fraud or deception leads to killing as an indirect perpetrator ( Section 25 (1), 2nd alternative StGB). Anyone who, due to their position as a guarantor (e.g. relatives, doctors, etc.) is obliged to prevent suicide can be punished for failing to intervene. The assistant can also be punished for failing to provide assistance according to § 323c StGB, since the suicide attempt represents an accident within the meaning of § 323c StGB.
Registered homicides
Homicides registered by the police in the Federal Republic of Germany (including attempts, without negligent homicide in traffic) since 1993 according to the police crime statistics :
| year | Number of homicides (a) |
Frequency per 100,000 inhabitants |
Clearance rate |
|---|---|---|---|
| 1993 | 5,140 | 6.35 | 83.3% |
| 1994 | 4,654 | 5.72 | 87.9% |
| 1995 | 4,908 | 6.02 | 88.9% |
| 1996 | 4,420 | 5.40 | 92.0% |
| 1997 | 4,292 | 5.23 | 92.6% |
| 1998 | 3,736 | 4.55 | 94.3% |
| 1999 | 3,744 | 4.56 | 94.1% |
| 2000 | 3,676 | 4.47 | 93.7% |
| 2001 | 3,577 | 4.35 | 93.3% |
| 2002 | 3,541 | 4.30 | 94.5% |
| 2003 | 3,465 | 4.20 | 93.9% |
| 2004 | 3,525 | 4.27 | 93.6% |
| 2005 | 3,549 | 4.30 | 92.9% |
| 2006 | 3,452 | 4.30 | 92.3% |
| 2007 | 3,356 | 4.20 | 92.1% |
| 2008 | 3,244 | 3.9 | 92.2% |
| 2009 | 3,269 | 4.0 | 91.6% |
| 2010 | 3,261 | 3.9 | 91.7% |
| 2011 | 3.135 | 3.8 | 92.2% |
| 2012 | 3,028 | 3.7 | 91.1% |
| 2013 | 2,951 | 3.6 or 3.7 (b) | 91.8% |
| 2014 | 2,962 | 3.7 | 93.2% |
| 2015 | 2,991 | 3.6 | 91.0% |
| 2016 | 3,242 | 3.9 | 91.6% |
- Around 50% of all homicides committed are attempts (2005: 1,608 = 45.3%).
- The resolution rate for homicides has been between 91% and 95% since 1996.
literature
- Final report of the expert group on the reform of homicides (Sections 211–213, 57a StGB) from June 2015
- Dirk Lange: The politically motivated killing . Frankfurt am Main 2007, ISBN 3-631-56656-5 .
- Dieter Anders, Hansjürgen Bratzke , Hans-Joachim Gotthardt: The processing of homicides . Boorberg 2006, ISBN 3-415-03684-7
Individual evidence
- ^ Kühl, in: Lackner, Kühl: StGB , § 218, Rn. 1
- ^ Neumann, in: Kindhäuser, Neumann, Paeffgen: NK-StGB . 3. Edition. 2010, § 211, Rn. 141f.
- ^ Eser, in: Schönke, Schröder: StGB . 28th edition. 2010, § 221, Rn. 1
- ↑ BKA - Police crime statistics , police crime statistics on bka.de.
