Majority of offenses
Tatmehrheit (also real competition called) is a term of the German competition law . It occurs when someone commits several different criminal offenses through several independent acts or the same criminal offense several times. The majority of the offenses leads to a simultaneous conviction and is regulated in Section 53 of the Criminal Code. The opposite term is the unity of the offense that exists when the same act violates several criminal laws or the same criminal law several times ( Section 52 StGB).
A so-called total penalty is formed from the individual imprisonment or monetary penalties according to the asperation principle . This is not the case in juvenile criminal law : there it is not recognized as a total sentence, but as a standard sentence ( § 31 JGG ).
A distinction is made between the similar and the dissimilar majority of acts. A similar majority exists if there are several violations of the same criminal law. With the disparate majority of offenses, various laws were violated.
Also, offenses can be committed tatmehrheitlich ( § 20 Administrative Offenses Act ).
literature
- 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 .
Web links
Individual evidence
- ↑ Detlef Burhoff : Several driving bans with a majority of offenses? This question will soon be answered by the BGH online blog, July 22, 2015
