Consequence of death
The term of the result of death is used as a descriptive addition for an event causing death ("resulting in death"). From a legal point of view , it makes various crimes more difficult with consequences “for life or limb”. All criminal offenses that are classified as a result of death (success) belong to the group of crimes and homicides in the broader sense.
In German criminal law , many offenses that qualify for success , such as B. bodily harm resulting in death ( § 227 StGB ), the consequence of death as an aggravating feature. The successful qualification as a result of death must have been brought about at least negligently ( § 18 StGB), under certain circumstances at least recklessly. The connection between the offense and the result of death must not only be causal, the risk specific to the offense must, according to the established view in jurisprudence and literature, be reflected directly in the fatal outcome. As a rule, the result of death can also be realized by failure to do so (but not in the case of robbery offenses that result in death, Section 251 of the Criminal Code). If the risk and / or causal connection between the basic offense and the result of death does not exist, punishment for committing the basic offense and negligent homicide ( Section 222 StGB) in unity , Section 52 StGB is possible. If necessary, a coercion can be added.
The term can also be found analogously in Austrian criminal law.
