Innocence
In general, innocence is a state in which the person concerned suspects no harm and is unable to recognize an impending danger as such.
The word innocence is derived from bad meaning bad . As a rule, it is used synonymously with suspecting no evil , faithful or trusting , but in an outdated meaning it also means actively not wanting any evil . Innocence only describes the expectation of the subject and says nothing about the assessability of the situation. So innocence is not to be equated with recklessness in the sense of negligent inattention .
For example, someone who trusts someone else with money without realizing that he is a fraudster acts innocently . However, it is not decisive here whether the impending danger could have been objectively recognized as such or not. In the case mentioned, it is about innocence in a certain situation. However, general innocence can also be understood as an essential characteristic of a person. Innocence precludes suspicion . With normal development, the ability to suspect, it is said in law , is only acquired at the age of about three years.
The conscious exploitation of innocence and defenselessness is called insidiousness . This is particularly important in jurisprudence, since insidiousness is a characteristic of murder .
proof
- ↑ For the second meaning, see Wissen.de: “innocent” ( memento of the original of September 30, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ^ Rudolf Rengier : Criminal Law, Special Part. Volume 2: Offenses against the person and the general public. 5th, revised edition. CH Beck, Munich 2003, ISBN 3-406-51353-0 , § 4 Rn. 27 with reference to BGH Neue Juristische Wochenschrift 1978, p. 709.
