Unit of action
Unity of action is a term from German competition law . According to Criminal Code, it always occurs when the same act violates several criminal laws or the same criminal law several times. According to the absorption principle, only one penalty is recognized as a legal consequence . If several criminal laws are violated, the punishment is determined according to the law that threatens the heaviest punishment.
Differentiation from the majority of the offenses
The demarcation to the majority of offenses has been developed differently in the teaching. Long-term offenses and multi-act as well as compound offenses usually only constitute one criminal offense. If the injustice is intensified in the same factual situation, there is also only one criminal offense. Unity of action is therefore not to be assumed in these cases. Continuation offenses are also no longer included after the Federal Court of Justice practically abolished the continuation connection figure in 1994.
At the second level, therefore, the question is whether there is any unit of action at all. The term unit of action is to be understood broadly. The action in the natural sense results from the fact that a physical movement follows on the basis of a volitional decision. The natural unit of action produces a close spatial and temporal connection with several similar types of inspection that are directed against highly personal legal interests. The legal unit of action arises from the combination of multi-act offenses, with the simultaneous commission of permanent offenses and through the bracketing effect of different types of offenses.
If a unit of action is then to be affirmed, it must be checked whether there is legal competition . If there are only qualifications, privileges, subsidiary offenses or co-punished accompanying offenses, an offense is ruled out. In addition, unity of offense according to StGB (so-called ideal competition ) comes into consideration.
- Frank Albrecht: The distinction between unity and majority of offenses in traffic offenses : a recommendation for fine authorities and courts , Verkehrsverlag Fischer, Düsseldorf 2004, ISBN 3-87841-194-4 .
- BGH, decision of May 3, 1994, file number GSSt 2/93, GSSt 3/93 = BGHSt 40,138 - Kassenarzt
- Carsten Krumm: The little brother of the continuation context: "Straffe Contraction" beck-blog, May 2, 2013