Defenselessness

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Defenseless 's Who as a result of innocence to self-defense unable or severely restricted in his defense.

The terms of defenselessness in common parlance and in criminal law largely coincide. The prerequisite is that someone is defenseless precisely because of his innocence. Innocence already exists when the time span between the recognition of the danger and the immediate attack is so short that there is no possibility of countering the attack in any way. Helplessness and defenselessness are just as much characteristics of defenselessness as unpredictable, surprising attacks from an ambush . Defense is severely limited when the victim cannot overcome physical or psychological barriers to defense. If the victim would not have been able to defend himself, even if he knew of the impending attack, defenselessness is out of the question. In common parlance, this is still covered by defenselessness. There is a causal connection between innocence and defenselessness. The perpetrator must have perceived the circumstances from which the innocence and defenselessness result.

The conscious exploitation of innocence and defenselessness is called insidiousness . This is particularly important in jurisprudence , since insidiousness is a characteristic of murder .

Individual evidence

  1. BGHSt 32, 382, ​​384
  2. BGHSt, judgment of June 27, 2006, Az .: 113/06, p. 6
  3. BGHSt 22, 77, 80
  4. BVerfGE 45, 187 262 ff .; BGHSt  32, 382.