Attempt to participate
Attempt to participate is the official heading of Section 30 of the German Criminal Code . § 30 of the Criminal Code provides, particularly in para. 1, the attempted incitement to and in para. 2, 3. Old the mittäterschaftliche appointment of concrete outlined to commit a serious criminal offense ( crime ) is punishable.
Likewise - even if practically less significant - according to Section 30 , declaring one's willingness to commit, Paragraph 2, 1st old and accepting another's offer, Paragraph 2, 2nd old, to commit a crime (or to instigate it) is punishable . In the reverse of § 30 of the Criminal Code, the impunity of attempted gives aid . In relation to Section 30 of the Criminal Code, Section 31 of the Criminal Code has an independent withdrawal regulation .
Systematic classification
The subject complex of § 30 StGB is also referred to in jurisprudence as "preliminary stages of participation ".
Section 30 of the Criminal Code thus extends the criminal liability in some cases in advance of specific criminal offenses and thus compensates - in addition to the special and independent preliminary offenses in the special section such as B. Criminal organization ( § 129 ff. StGB or § 149 StGB) - the criminal offense that begins relatively late with the immediate start .
This extension of the penalties is indispensable for the protection of legal interests, namely in Section 30 (1) of the Criminal Code because of the actor's loss of control and, in particular in Section 30 (2) 3rd var. StGB, the crime appointment, because of the social bond of an agreement once made.
History of origin
The history of § 30 of the Criminal Code goes on the so-called Duchesne-paragraph back. End of 1874, the Belgian Boilermaker Duchesne took the then unsuccessful attempt , the Archbishop of Paris Joseph Hippolyte Guibert to instigate , for the planned assassination of the German Chancellor Bismarck payment of a reward to cause. After the attempt became public, the German government urged the Belgian leadership on the one hand to criminalize the Duchesne's declaration of willingness as well as his attempted incitement, and on the other hand pushed for the creation of a new section 49a of the RStGB with exactly this content. Section 49a of the Criminal Code from 1876 was changed to Section 30 of the Criminal Code when the general part of the Criminal Code was changed through the major reform of the criminal law .
Details on Section 30 (1) StGB
- Section 30 (1) of the Criminal Code covers cases of attempted unsuccessful incitement.
- Section 30, Paragraph 1 of the Criminal Code covers cases of incitement to completion, but in which the incited person did not make the attempt. In the absence of a main offense, this incitement would be exempt from punishment because of the accessory nature of participation without Section 30 (1) StGB.
- Section 30 (1) of the Criminal Code also applies to incitement to incitement ("or to incite to him").
- The usual problems of the attempt (start of the experiment, ...) and incitement (double instigator resolution, ...)
