criminal omission II
reading dictation:
For the mock exam of previous material to repeat!
more information on failure:
Supreme Court apartment as a death trap
BGHSt 38, 356 ff (railroad track case) \u0026lt;- Absolute reading requirement (also short)!
Federal Supreme Court on radiator case (Lösung!)
proposed solution to the case, "Black Forest Clinic" (Download. Ppt, author Lisa Weigel) is considering how the definition accommodate act / omission better in the case of construction, in Solution there is a "preliminary investigation", I think that is allowed, but not very elegant. Why and what is against such a screening?
"listeners" in a comment below asked what the theory "not an attempt at criminal omission?" is tuned. Here is the answer of the Supreme Court of 2000..
".. why is only the attempt of a homicide (by omission) in question, the attempt of a fake omission offense is punishable (see BGHSt 38, 356, 358 with further references). Whether in cases of omission of the "test disabled" is punishable, at least in the literature for individual cases in dispute (as explained in BGHSt 38, 356, 359). The Senate has in its order dated 16th July 1993 - 2 StR 294/93 (= NStZ 1994, 29) has held that in similar cases, a criminal trial may be unsuitable given. On this is to be recorded. "
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