State offense

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A state offense is a criminal offense , the offense of which only includes bringing about an unlawful situation, but not maintaining it. The counterpart is the permanent offense .

As a rule, a state offense has already ended when the act is completed . This distinction is important for long-term offenses . B. relevant with regard to the start of the limitation period .


A state offense is, for example, a manslaughter ( § 212 StGB ): The act is ended when the illegal state ( death of the victim ) is established.

Another example is the double marriage ( § 172 Penal Code): The offense includes only the producing (that is, the unlawful state closing a second marriage ), not , however, the maintenance of this state (that is, performing the bigamy ). Thus, the act ends with the marriage and does not continue throughout the marriage . This leads to the fact that the act becomes statute-barred after five years according to Section 78 Paragraph 3 No. 4 StGB, even if the marriage still exists at this point in time.


  • Schmidt, Rolf: Criminal law general part . Rolf Schmidt Verlag, Bremen 2002, ISBN 3-934053-27-0 , p. 36 f .