Object of crime
Object of crime (or object of action , object of attack ) describes in criminal law the thing or person at whom the perpetrator directs his acts while carrying out his criminal act .
General
The object of the crime does not mean a legal interest , which already distinguished Franz von Liszt in 1886. The object of the offense is today the object named by the offense or assumed in the description of the action there. In the case of theft ( Section 242 (2 ) of the Criminal Code ), for example, the object of the crime is someone else's thing that has been stolen from the thief . Protected legal interest, on the other hand, is the property of the person stolen, since in principle only he can deal with the thing as he wants. Persons can be the object of assault ( Section 223 StGB) or hostage-taking ( Section 239b StGB).
Legal issues
The legal concept object of the crime relates according to § 74 para. 2 of the Criminal Code to matters of crime. According to Section 74 (2) StGB, objects of crime can be subject to confiscation .
The object of the crime is an object or a person
As with property crimes, the object of the crime can be someone else's thing, for example . In the case of receiving stolen property, the property of others is the object of the crime ( Section 259 of the Criminal Code), in the case of damage to property it is the third party property ( Section 303 of the Criminal Code), in the case of forgery of documents the false document ( Section 267 (1), 1st modification of the StGB) Water pollution of a body of water ( § 324 StGB). Persons are the objects of the offense in the case of resistance against law enforcement officers ( § 113 StGB; the civil servant ), in the case of bodily harm ( § 223 StGB) the crime victim is also the crime object . Object of the crime in a neonaticide is a newborn child . In Section 330 of the Criminal Code ( environmental criminal law ), the objects of the crime are not only other people, but also the entire environment . Section 303a of the Criminal Code ( data modification ) even includes the protection of immaterial objects.
Wrong crime object
In two cases, the perpetrator erroneously and objectively targets the wrong object:
- In aberratio ictus , the offender's intended success occurs in the case of a crime other than the one he is targeting (example: A wants to kill B and shoots; B bends down at the moment so that the bullet hits the uninvolved C behind it).
- With error in persona , the perpetrator confuses the targeted person or thing ( error in objecto ) due to incorrect identification .
The decision to act is tied to the object selected by the perpetrator. In both cases, the offender's intended success did not occur and the offender's punishment is legally controversial.
If, for example, the perpetrator places a bomb under the car of the planned victim, but in whose place a chauffeur unexpectedly drives and is killed, it is impossible to distinguish between the aberratio ictus and the error in persona .
No crime required
Few of the facts do not require an object to be committed, such as road traffic hazard ( Section 316 StGB), because the vehicle is used here as a tool .
Evidence
If the crime is successful, the perpetrator can control the objects of the crime (the hostage is held hostage , the stolen property is sold). Fails the offense or dive Tatobjekte later on, they represent mostly the main track supports an offense as testimony or physical evidence is.
International
Criminology makes use of the knowledge of biology , chemistry , logic , physics or technology , so that internationally the same conditions also apply to the objects of crime .
Individual evidence
- ↑ Cf. decisions of the Federal Court of Justice in criminal matters BGHSt 53, 55 , 63, where "legal asset" is spoken of, but "object of the crime" is meant.
- ↑ Franz von Liszt : Legal property and concept of action in Binding's handbooks , in: ZStW 6, 1886, p. 663 ff.
- ↑ Knut Amelung , Legal Protection and Protection of Society , 1972, p. 200
- ↑ Sabine Benthin, Subsidy Policy and Subsidy Criminality , 2011, p. 169
- ^ Walter Gropp, General Part of Criminal Law , 2001, p. 135
- ↑ BT-Drs. 8/2382 of December 13, 1978, draft of a Sixteenth Criminal Law Amendment Act , p. 22 ff.
- ^ Walter Gropp, General Part of Criminal Law , 2015, p. 156
- ^ BGH, judgment of October 25, 1990, Az .: 4 StR 371/90; "Hoferbe-case" = BGHSt 37, 214 ; comparable: Rose-Rosahl case
- ^ Walter Gropp, Criminal Law General Part , 2015, p. 591
- ↑ Claus Roxin , Criminal Law General Part Volume I: Basics , 2005, § 12 Rn. 154 f.
- ↑ Claus Roxin, Criminal Law General Part Volume I: Basics , 2005, § 12 Rn. 177
