Entanglement break
A breach of entanglement occurs when an item that is seized by foreclosure or kept in safe custody is destroyed or otherwise removed from the entanglement . The breach of entanglement is punishable according to § 136 Abs. 1 StGB and can be punished with up to one year imprisonment or a fine .
The purpose of protection is sovereign power. Therefore, it does not depend on the existence of the claim on which the attachment is based, but solely on the effectiveness of the entanglement. For the same reason, contractual or statutory liens are not covered by the entanglement breach.
Systematically, the entanglement breach is a so-called successful offense .
Individual evidence
- ^ Definition of Justice Portal Lower Saxony
- ↑ a b Hohmann in Münchner Commentary, § 136 StGB, a) legal interest
