Constituent element

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An offense is part of the offense . If the constituent elements of an offense are met, the prerequisite is that the legal consequence of a legal norm can occur.


A legal norm basically consists of a fact and a legal consequence in the sense of an if-then relation (legal syllogism ). The factual situation describes the actual conditions that must be met for the legal consequence named in the legal norm to occur. An offense is therefore one of several features of the offense.

In criminal law

In criminal law , an offense is referred to as the offense . The legal consequence is called criminal liability for the behavior described. Elements of the offense in criminal law are called elements of the offense .

In the case of criminal offenses in Germany today, a distinction is made primarily between objective and subjective criminal offense characteristics. Synonymous with this, however, a subdivision into positive and negative elements of the criminal offense is also possible.

First the objective, then the subjective elements of the criminal offense are examined. The presence of all objective criminal offense characteristics often develops an indicative effect for the presence of the characteristics of the subjective criminal offense.

In civil law

In civil law , an offense is called the basis for a claim . The legal consequence is referred to as the civil law claim . Constituent elements in civil law are called eligibility requirements .

General statements about the subdivision of the constituent elements in civil law make little sense. Rather, the subdivision is based on the individual examined basis of claims.

For example, for the basis of claims under Section 823 (1) BGB in German law, it makes sense to distinguish between “violation of particularly protected legal interests”, “illegality” and “culpability”.

Web links

Individual evidence

  1. ^ Fischer , Commentary on the Criminal Code, 62nd edition 2015, marginal note 12 before Section 13 of the Criminal Code
  2. ^ Althammer , Legal Education 2006, 697.