Willingness to act

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The term propensity to commit a crime is used in criminal law and describes the willingness of a person to commit a certain crime , in other words the extent to which the perpetrator was inclined to commit it before the offense.

The inclination to act is important for determining the guilt of the instigator, which is greater, the less the perpetrator's inclination to act. If the perpetrator was not only inclined to act, but was determined to act independently of the instigator's actions ( omnimodo facturus ), punishment for incitement under Section 26 of the Criminal Code cannot be considered.

The inciting of a criminal who is not inclined to act by a lure who can be attributed to the state investigative authorities violates the European Convention on Human Rights. In German jurisprudence, however, there are different views as to the consequences to be drawn from such an illegal act of provocation .