Reversed factual error
Reverse factual error (often only: reverse error ) is in criminal law the erroneous assumption of the factual non-existent (actual or non- criminal) circumstances that bring about a fact. It thus forms the downside of a factual error , in which there is ignorance of an actually existing factual feature. This also results in the part of the term “reversed”.
It is then an unsuitable attempt because there is an intentional act. The unsuitable attempt is punishable if the attempt is punishable. There may be errors about the subject of the crime (undisputed) as well as about the perpetrator himself (disputed).
Example error : someone damages something without knowing that it belongs to him. He is wrong about the fact that the thing is foreign, which is necessary for damage to property.
Example error of perpetrator status : the perpetrator imagines that he has a guarantee obligation towards a neighboring child, although this is actually not the case. He could then make himself a criminal offense in appropriate situations of attempted omission. According to another opinion, this should be ruled out, since a mistake about one's own status does not endanger the trust of the legal community (then only an election offense ).
Other errors relevant to criminal law
- Permission error
- Permission error
- Prohibition error
- Error of excuse (§ 35 Abs. 2 StGB)
