Completion (criminal law)
In Germany's criminal law, completion is the (formal) stage of the offense in which all the characteristics of the criminal offense are present, objective and subjective. In other words, one can "assume perfection when the perpetrator has done everything that the respective offense requires his perpetrator to do".
This is to be distinguished from the attempt on the one hand, and the (material) termination on the other . When terminating, not only is the offense fulfilled, but the entire injustice of the offense is realized. When a theft is committed, the act is already completed when someone else's movable property is taken away, but according to the prevailing opinion the act is only ended when the loot has been secured. Between completion and termination, it is still possible for third parties to make themselves liable to prosecution for aiding and abetting (for example, by helping to escape or securing the booty) or by successive complicity .
Web links
Individual evidence
- ^ Rainer Zaczyk in: Kindhäuser / Neumann / Paeffgen, Criminal Code, 5th edition 2017, § 22 Rn. 5
- ↑ “An offense is complete when all objective circumstances of the offense are fulfilled when the other subjective and individual prerequisites for criminal liability are met. Completion is therefore a formal term that is based on the respective formulation of the facts, not on material criteria and therefore does not say anything about a violation of legal interests . "( OLG Munich , judgment of February 22, 2006, file number 5 St RR 012/06 , NStZ 2006, 630 Rn. 2, beck-online)
- ↑ Kristian Kühl : Completion and termination of property and property offenses. JuS 2002, 729 (730), beck-online
