Accident

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Accident is a legal term for misfortune , although this is defined differently under criminal and constitutional law .

Criminal law

In the Criminal Code , a person is guilty of failure to provide assistance in accordance with Section 323c of the Criminal Code if he or she does not provide assistance in an accident , although this is necessary and, under the circumstances, could be expected of him.

An accident is any event that occurs with a certain suddenness that entails or threatens to bring a considerable danger to an individual legal asset.

According to Section 243 (1) No. 6 StGB, a person is guilty of a particularly serious case of theft if they steal by taking advantage of another person's helplessness, an accident or a common danger.

Whether suicide attempts are also accidents i. S. d. Section 323c StGB is unclear, although according to case law and parts of the literature this would have to be answered in the affirmative.

It is disputed whether the significant damage to other people or other people's property of significant value has already occurred or whether there is sufficient danger for mere property.

Constitutional law

In Article 35 of the Basic Law for the Federal Republic of Germany ( Art. 35 GG), it is states allow police forces of other countries, personnel and facilities of other administrative authorities, the federal police and the armed forces to request to manage a very serious accident.

A particularly serious accident is defined as a damaging event on the scale of a catastrophe and of importance to the public, which was triggered by an accident, technical or human failure or was caused intentionally by a third party.

Individual evidence

  1. ↑ BGH , judgment of October 26, 1982, Az. 1 StR 413/82 = BGH NJW 1983, 350, 351; Guiding principle and brief information .
  2. ^ BGH, judgment of March 10, 1954, Az. GSSt 4/53; BGHSt 6, 147 = full text .
  3. ↑ Dieter Dölling : Suizid and failure to provide assistance , NJW 1986, 1011, 1016.
  4. ↑ for this: BGH, judgment of February 12, 1952, Az. 1 StR 59/50, BGHSt 2, 150 = full text ; on the other hand, Seelmann: Failure to provide assistance or: What is criminal law allowed? , JuS 1995, 281, 284.
  5. ↑ see judgment of the Federal Constitutional Court on the Aviation Security Act 2005