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Means of crime (also: tools of crime ) are all objects in criminal law that are used by the perpetrator for a crime or that are intended for use.

General

A criminal act is characterized by the object of the crime , the act , the means and the victim . The object of a burglary according to Section 242 of the Criminal Code is someone else's thing , the act of offense is the removal of this thing, the means of crime are the burglary tools and means of transport used for this purpose . Means of crime enable or facilitate the commission of the crime. Adapted devices to the date of Tatentschlusses to completion are used indeed.

Criminalist means are important as evidence carriers . This can be used to substantiate evidence of the crime and perpetration, at least as evidence that a suspect was present at the scene or touched an object relevant to the crime .

species

The means of crime include all kinds of objects. The group of objects used or intended for the commission or preparation of criminal offenses requires a meaningful restriction based on the purpose of the Criminal Code. As adapted devices is sufficient, for example, the kidnapping ( § 234 , the application easier Criminal Code) violence , ie physical force to overcome an expected or rendered resistance. Also, behaviors such as List or threat are prevailing opinion adapted devices (see. § 232 para. 4 of the Criminal Code). According to Section 74 (1) of the Criminal Code, the confiscation of the crime is only possible if it has been used or intended for the commission or preparation of an act that is the subject of the indictment and has been determined by the judge. The order for the confiscation of criminal offenses in accordance with Section 74 (1) of the Criminal Code has the character of a secondary penalty and thus constitutes a sentence assessment decision.

The weapon of a triple murder from 1901

Means of crime can be used not only against the victim, but also against third parties who are willing to protect or under whose care the victim is.

Most criminal offenses require the use of things. This includes the offender's clothing ( disguise , face masks , gloves ), required means of transport (including helicopters ), tools , duplicate keys , counterfeit utensils , murder weapons , shackles , gags , explosive devices and incendiary devices . Articles of daily use such as means of communication ( ransom note , cell phone ), internet / personal computer ( computer crime / internet crime : § 184b StGB, § 184c StGB, § 263 StGB, copyright infringements : § 106 StGB) come into consideration. Under criminal law, a dangerous tool is a movable object that can be set in motion by human power for the purpose of injuring the body. This also includes motor vehicles if they are used intentionally for the purpose of bodily harm . Weapons are dangerous tools ( Section 224 (1) No. 2 StGB)

Legal issues

Under the legal term means of crime, criminal law understands objects that are used or intended for the preparation or commission of a criminal offense ( Section 74 (1) StGB). The unsuitability of the means of crime plays a role in the attempt within the framework of Section 23 (3) StGB. Also accomplices or participants can use adapted devices. If dangerous tools are used for criminal offenses, the criminal offense carries a higher threat of punishment (e.g. dangerous bodily harm : Section 224 (1) StGB 224, dangerous interference in rail, ship and air traffic : Section 315 StGB, dangerous interference in road traffic : Section 315b para. 1 StGB).

Criminal evidence is important evidence . To ensure security, the law enforcement authorities can order a search in accordance with Section 102 StPO , including at night ( Section 104 StPO). According to Section 44 (1) of the Code of Criminal Procedure, they are to be kept in custody or otherwise secured ; their confiscation (§ § 73 ff. StGB) or confiscation is possible ( § 94 paragraph 2 StPO, § 111b StPO, § 111c StPO).

International

Criminology makes use of the knowledge of biology , chemistry , logic , physics or technology , so that internationally the same conditions also apply to the crime scene.

literature

  • Ingo Wirth (Hrsg.): Kriminalistik-Lexikon (= basics of criminalistics . No. 20). 4th, completely revised and enlarged edition. Hüthig Jehle Rehm, Munich 2011, ISBN 978-3-7832-0024-9 , p. 558.

Individual evidence

  1. ↑ Ingo Wirth (ed.): Kriminalistik-Lexikon (=  basics of criminalistics . No. 20 ). 4th, completely revised and enlarged edition. Hüthig Jehle Rehm, Munich 2011, ISBN 978-3-7832-0024-9 , pp. 558 ( limited preview in the Google book search [accessed on February 24, 2020]): “Means of crime, means used by the perpetrator to enable or facilitate the execution of the crime. The T. include tools such as duplicate keys, forgery utensils, unconventional explosive devices and incendiary devices, as well as various substances (incendiary and fire-accelerating agents, poison) and weapons intended to attack people. "
  2. ↑ Ingo Wirth (ed.), Kriminalistik-Lexikon , 2011, p. 558
  3. ^ CH Beck'sche Verlagsbuchhandlung (ed.), New Journal for Criminal Law , Volume 26, 2006, p. 226
  4. ^ Heinrich Wilhelm Laufhütte / Ruth Rissing-van Saan / Klaus Tiedemann, Leipziger Comment StGB , Volume 7, 2015, §§ 232-241a, § 234 Rn. 10
  5. ↑ BGH, decision of November 15, 2010, Az .: 4 StR 413/10 = NStZ 2011, 209
  6. ↑ BGH, decision of June 12, 2018, Az .: 1 StR 159/18 = StV 2019, 20 (Ls.)
  7. ↑ Gerhard Meyer-Gerhards, Sexual abuse, kidnapping and deprivation of liberty when the victim is unconscious , in: JuS, 1974, p. 568
  8. ^ Walter Gropp, Criminal Law General Part , 2001, p. 493