Murder weapon

In the assassination of US President John F. Kennedy by Lee Harvey Oswald used Carcano- rifle in caliber 6.5 × 52 mm Mannlicher-Carcano

A murder weapon is a weapon that is used as an instrument or tool to commit a criminal offense (e.g. murder , bodily harm , coercion ) or other prohibited act. Possible weapons are:

Weapons in the narrower sense, e.g. B. Cut and thrust weapons and firearms
everyday objects that are pointed, sharp or heavy enough to be used as a weapon, e.g. B. screwdriver, knife or iron

From the point of view of criminology , the murder weapon can be a trace carrier and is therefore regularly subjected to a forensic investigation by criminal prosecutors .

Germany

For some crimes, the use of a weapon can qualify as a criminal offense. B. in the case of dangerous bodily harm ( Section 224 (1) of the Criminal Code ) or serious robbery ( Section 250 (2) of the Criminal Code). On the other hand, in the case of other criminal offenses, such as resistance against law enforcement officers ( Section 113 (2) StGB) or serious robbery ( Section 250 (1) StGB), it is sufficient to carry a weapon to realize a qualifying element of the offense. In rare cases, the procurement or manufacture of a weapon in preparation for a criminal offense is a criminal offense (attacks on air and sea traffic in accordance with Section 316 c (4) StGB).

Weapons may be subject to confiscation as a means of crime .

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. 567 f.

Web links

Wiktionary: Tatwaffe - explanations of meanings, word origins, synonyms, translations

Individual evidence

↑ murder weapon. In: Duden. Retrieved February 23, 2020 .
↑ ^a ^b ^c ^d ^e ^f Ingo Wirth (Hrsg.): Kriminalistik-Lexikon (= Basics of Criminology . No. 20 ). 4th, completely revised and enlarged edition. Hüthig Jehle Rehm, Munich 2011, ISBN 978-3-7832-0024-9 , pp. 567 f . ( limited preview in the Google book search [accessed on February 24, 2020]): “Murder weapon, an object that is used by the perpetrator to attack the victim (injury, threat) during the commission of the crime (weapon). A T. can be both typical cutting and thrusting weapons or firearms as well as everyday objects (e.g. knife, hammer, iron). The T. is one of the means of crime, its use is an essential element of the inspection method. "
↑ Karl Lackner in: Lackner / Kühl, StGB, 28th edition 2014, § 74 Rn. 1.

[1] urder weapon. In: Duden. Retrieved February 23, 2020 .

[:0-2] ↑ ^a ^b ^c ^d ^e ^f Ingo Wirth (Hrsg.): Kriminalistik-Lexikon (= Basics of Criminology . No. 20 ). 4th, completely revised and enlarged edition. Hüthig Jehle Rehm, Munich 2011, ISBN 978-3-7832-0024-9 , pp. 567 f . ( limited preview in the Google book search [accessed on February 24, 2020]): “Murder weapon, an object that is used by the perpetrator to attack the victim (injury, threat) during the commission of the crime (weapon). A T. can be both typical cutting and thrusting weapons or firearms as well as everyday objects (e.g. knife, hammer, iron). The T. is one of the means of crime, its use is an essential element of the inspection method. "

[3] Karl Lackner in: Lackner / Kühl, StGB, 28th edition 2014, § 74 Rn. 1.