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Tonight 22:45 ARD!

The case of Harry Wörz - For years, innocent in prison

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Currently: landmark ruling for euthanasia! Important!!

http://www.spiegel.de/panorama/ Company / html 0,1518,702790,00

Press Release Federal Court.
& http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=Aktuell ; Sort = 12288 & num = 623 & pos = 0 & nr = 52 416 & linked = Blank & pm = 1

The chief of the press release:

" ... The question to go out the conditions under which in cases of actual consent, inability of a binding patient's wishes is was time of the crime by another is not readily compatible decisions of the Federal Court has not been clarified. divergences in the case concerned the liability of so-called living wills and the question of whether the admissibility limits of the termination of life-sustaining treatment on fatal and irreversible progressive disease of the patient or independent of the type and stage of the disease, also capture the requirement of judicial approval of a Decision the legal guardian of such a measure. The legislature has these issues by the so-called living will law with effect from 1 September 2009 any. The Senate could decide, therefore, without being bound by previous decisions of other tribunals.

The district court in the results correctly assumed that was lawful because the compromise with the home management's decision to abstain from further artificial nutrition and that the announcement by the home management recovery could be seen as an unlawful attack against the self-determination of the patient. In September 2002 expressed consent of the patient had reviewed and confirmed their carers, developed and presented both to binding since 1 September 2009 as well after the time of the crime is the current legal justification would violate dar. this now, as is now § 1901 a Section 3 BGB expressly provided, regardless of the type and stage of disease.

contrast, makes the evaluation of the district court not to, the defendant had made through his active involvement in the prevention of the resumption of food offense of attempted manslaughter. By a supervisor - in line with the now-enacted provisions of § § 1901 a, 1904 Civil Code - approved Consent of the patient not only justified the termination of treatment by simply making no further food, but also a positive action, the termination or prevention was one of her not or no longer intended treatment. One is only the externals of action or inaction based distinction of unpunished euthanasia of criminal killing of the patient not the substantive difference between the wing of a euthanasia killing and practices justice to let the sick die Let the consent of the affected its course.

Judgement of 25 June 2010 - 2 StR 454/09 "

I am here to Consequences for the general doctrine of restraint and its differentiation express the active action until the verdict is on.

The verdict is not yet suffering the full text, you could call it here, but once it is published

& http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh ; Type = en & date = News & Sort = 12288 & number = 52 417 & pos = 0 & num = 623

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Tracker case

After it already this morning to intense discussions about the "runner-case" was, here are some hints to rework:
BGHSt 11, 268 (The Federal Court murder trial in 1958 in complicity yes)
Prof. Scheffler's Case Notes from the JuS 1992
The a urrent essay on the topic from the ZJS 2008 of Dehne-Niemann
Further reading Notes:
to agency and part name I recommend the Read the textbook by Krey, AT II you there through the entire chapter! It is worth it because Krey argues, not only foreign bloodless reproduce.

interested For more:
Sch / Sch / Cramer / Heine , prep. § § 25 ff para 16 et seq (penalties because of the participation) para 51-97 (defining agency and participation)
§ 25 para 61-101 (complicity)
to experiment with complicity to § 22 para 55, to rescind § 24 para 85ff. (Preventing a mere omission by not further action, as in our case: para 89) (Everything Schönke / Schröder, StGB comment, 26th edition)

from the standard work for the agency and participation:
Roxin, agency and control over the infringement, 8 . Ed p.275 ff particular page 278, down / 279 up to the key role of the accomplice, p. 286 ff to error and excess, p. 292-305 for the dispute over the participation only in the preparatory stage.

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Another case for complicity

Tracker case

A and B want to enter at night in a grocery store to rob the cash register there. B plans to act and shall fix the place and time. Each of them should carry a gun should be shot if necessary with the persecutors. Accordingly, press A few days later the window of a room, which he sees as the office of a business. Meanwhile, fit B in front of the building. However, it is the supposed office to the bedroom of the couple E, the owner of the business are. E husband jumps out of bed and runs screaming and gesturing to the window. A and B then rush back to the road. In the run B is back a little. A look back as he sees that he follows at a distance of several meters a person. A holding that person in the dark for a pursuer and fears gripped by this to be. In fact, it is but by the order as the supposed threat of arrest and the discovery of his crime to escape, A shooting at the person and hurrying after him with an anticipated effect of his deadly shot. The block in B on the right upper arm.

criminality? Editors Note: murder, robbery and theft are not predatory to consider. Check with regard to the basic offense of theft only § 242 without sentencing rule example.

comment

solution

pursuers case (after BGHSt 11, 268 et seq) first action portion : The break-in attempt criminality of A and B A. § § 242 para 1, para 2,, 22, 23, 25 Section 2 theft is not complete, as no removal. Test according to § 242 para 2 offense. I. offense first Tatentschluss a) A and B wanted other movable property, namely take away the money from the till, and dedicate itself unlawful. For A no problem with regard to guilt, he should carry out the SnOil offense. B is only culprit when it the actions of A (set this would happen actually) of § 25 II would be allocated and therefore he would be complicit. b) This is the case when A and B would jointly act . Complicity is based on the principle of division of labor action and functional roles . Any interested party as "equal partners" The co-sponsors of the joint decision and Community event realization, so that the individual Tatbeiträge complete into a single whole and the overall success of each participant is allocated in full. Mitt ä pionship therefore means conscious, voluntary cooperation of several to commit a crime. It presupposes that the act is based on a joint decision and that any complicity makes an objective contribution to the act. It is sufficient to complement the contributions of the complicity iSe functional cooperation. According to the teaching of the objective over the infringement, it is important whether the proposed contribution to the act for the establishment of functional control over the infringement would suffice. It depends on whether B can control the action at will. This would be the case, since B may deter the A by a warning call from the Tatvollendung. It is doubtful whether the mere possibility of control is a sufficient influence over the infringement of, or whether B needs to shaping the act also by actually use this potential effectively. For this he would have done than just do not stand in the execution stage. This minority opinion within the Lerhe over the infringement of the items would be so to the negation of some action on offense; mittäterschaftliche intent. After sufficient uhm consistent holdings on the basis of common will may also conducting a mere preparatory act without support and even a purely intellectual involvement. However, it has to examine very carefully whether the "equity minus" is balanced with the real Tatausführung by the "Plus" in shaping tort planning and whether in the percentage of the common over the infringement of at least the lower threshold of the so-called "functional control over the infringement" not yet achieved . aa) the extent of complicity The act was designed by B. However, the "dope standing" no causal effect on success. Therefore, special care be respected, whether this "negative equity" of B in the Tatausführung should be compensated by the "plus" in planning. bb) private interest in the fact A and B would share the spoils, so they both have an equally strong interest in the success. cc) After h. M. B would have the sufficient potential over the infringement. dd) They therefore wanted to commit a deliberate and desired cooperation of a theft. They are therefore complicit in accordance. § 25 para 2 ee) The Tatentschluss is therefore prior to the overall assessment of the judiciary. c) The dispute is thus represented the minority opinion within the above obj. Decide over the infringement: aa) This view is, that even the only potential control over the infringement would refer themselves to a potential limited only to the termination of the deed. B could promote further the act does not really, but almost, by omission of an alarm (that could only inhibit not allow drainage). His actual participation would be limited to the planning phase. The decision of the question thus depends on whether one can suffice to a constructive involvement in the preparation stage. This would be possible to extend the preparation stage, but also a very early start of the experiment would mean, because B would occur after the individual with the solution already Tatplanung in the beginning of the experiment. This preparatory action is intended but according to § 30 of the Criminal Code are punishable only in special cases. Items over the infringement was not intended for B, its contribution was the absence of actual control is not important enough. However, this view is due to their schematic narrowing of concern. You can, by concentrating on the execution stage of just the complicity usually necessary planning phase (which requires several contributions are matched logistic) are not sufficient. The view of the established case law provides for more individual justice and is therefore preferable. Interim Results: The Tatentschluss was therefore directed to mittäterschaftliche commission. second The immediate preparation A had already the window of the alleged office space pressed. It should immediately follow the detention break. For A is therefore problematic from a direct preparation. Regarding the attachment of the other accomplice is represented by HM the so-called total solution. Then put both of complicity, if even one attaches. Then B would have here shown at A. After the single solution, it depends on whether the other is also directly in front of his contribution to the act. Here B has already been dope stood and prepared the plan, so his Tqatbeitrag already been provided, so that he was prepared immediately after the two screens. The dispute can not be decided. A and B have therefore gem. § 22 directly to their perception of the act set to achieve the offense. illegality II (+) III. debt (+) V. R ü Resignation gem. § 24 para 2 (-) Neither perpetrator resigned. A voluntary preventing the consummation took place, heteronomous motives predominate, as the two offenders every person for themselves by the noise of the shop owner discovered emerging pattern was induced to flee. VI. Result: (+) C. § § 303, 25 para 2 A By pressing down the window, he has damaged a moveable thing. Since this corresponded to the joint plan, the property damage and the B is attributed as an accomplice. D. § § 123, 25 para 2 Whether A has at least brought some of his body into space, is in doubt after the fact. § 123 Therefore, regardless of whether it is an autograph offense is to reject both. second story section: Escape A. A penalty of I. § § 212 para 1, 22, 23, para 1, 12 para 1 completion is not available. The attempt of a crime is punishable under § § 23 para 1, 12 para 1. first Event a) Tatentschluss A wanted to shoot at his supposed pursuer and has calculated it with a lethal effect of the shot. He has thus tacitly taken into account that the shot could kill his alleged persecutors. b) With the submission of the shot A is joined directly to the event realization. On the error of the A to the identity of the alleged persecutor is not relevant, as even the attempt is punishable on disabled object, see § 23 para 3 of the Criminal Code and an identity confusion on target, charges equivalent object of the crime even as it completes any significant deviation of the causal process and success would be (sg error in persona, § 16 I StGB the perfect crime). second Illegality and guilt (+) third Result: (+) II § § 223, 224 para 1 No 2 and 5 With the shot A also committed an intentional assault. The assault took place by means of a weapon and endangering the life of a treatment. B. Criminalization of B I. § § 212 para 1, 22, 23, 25 Section 2 completion is not available. The attempt is punishable. For B, only one is unfit before trial, as the suicide is punishable. The attempt is punishable disabled, for lack of the requirements of § 23 para 3. first Event a) Tatentschluss complicity presupposes a conscious and deliberate interaction of Tatbeteiligten due to a joint decision. It is not necessary that each accomplice realized even a criterion. However, it must be involved throughout the Tatausführung of complicity in the over the infringement. b) B has angestzt immediately if B unmittlebare the preparation of the A to attempted manslaughter ü about the mid ä pionship after § 25 para 2 should be attributed . The Supreme Court reached in the present case, accepting complicity. He has relied on the fact that a persecutor of the shooting at any joint agreement to Tatausf ü currency equivalent, ie not an accomplice of the one (B) involuntary excess of the other (A) was present. B would have control in the proximity of his Tatgenossen his action at any time and ask him, can not affect the agreement to fire on tracker. That he did not do so until delivery of the shot, based its share of responsibility for the statements made on him shot. The error in persona of A must also f ü r the mid ä ter B be irrelevant. But that would be rejected if does not serve as, B is an attempted breach of its own would be punished. But this is not the case because the trial a third party, an imaginer pursuers was that the injury was B agreed and wanted to take the A as well. Whether B by an "error in persona" or is injured "aberraio ictus" is an unfortunate accident. The cynicism that results can by an equally schematic application of the cancellation rules ("Selbsbehandlung" of B is sufficient) or to be considered at the level of sentencing. The latter is not possible in the murder. c) The fact of (+) d) This is to clarify the terms of the act of the outcome is A, as A has acted in complicity. second Illegality and guilt (+) third A resignation according to § 24 I S. 1 Alt 1 resigned because he, despite further Tatmöglichkeit (More cartridges) tasks. (Anders if he had discovered that it is B acted differently if one takes the doctrine of non-factual achievement) The question is whether not only § 24 II is applicable, it would be a withdrawal for lack of commitment to active prevention is not possible. The hM § 24 I also used the full tort acting in complicity. B has resigned, when he prevented the crime according to § 24 II or seriously attempted. He has done to live near the facts as interpreted by the wound care. He therefore resigned. 4th Results: (-) II § § 223 Section 1, 224 1 No. 2 Alt. 1, para 2, 22, 23, Section 1, 25 para 2 is not only for B completed assault as an accomplice, but only a unfit trial before the injury because the injury is self-punishment. This is like the attempted murder prosecution, for lack of the requirements of § 23 para 3. The plot of A is assigned to B to § 25 paragraph 2. competitions: tried to theft are the crimes of the second act to § 53 section in Tatmehrheit A for the attempted homicide is related to the bodily injury in coincidence, otherwise the Unwertgehalt the age of injury is not reflected (so now the Supreme Court). With regard to the attempted assault B occurs behind the attempted murder back in law unit.

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case to T. & T,

Suppose X orders at this guy "in the shop" one called "Poland key" and thus steal a bike. Types of criminality in the video?

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complicity

7th Complicity
Pr ü examination based Option 1: A and B
wrecked verabredungsgem ate the car of the C. Everyone has a hammer and proposes ä gt to on several occasions. The car is dented, etc. total

criminality of A and B?

comment

solution

This has to be not strictly § 25 II effort, as both were already liable to prosecution as a single culprit. Because a common but committing a crime can impact on individual guilt and thus the sentence, I see the need in a legal opinion to address it. The report provides the user with a rating action and also to the extent the basis for the Tatschuldfeststellung and sentencing. Complicity in such cases is well worth considering as designated Strafzummessungsregeln. The subj. Animus theory is the case for solutions very ungrateful, because they really just a proof problem that is somehow less than good translated into substantive law. Because the facts are hardly ever specify: "The perpetrators wanted to act as your own / others'."

criminality of A and B A and B be punished for damaging property in complicity according to § 303 I StGB, if you (I) the car as an alien thing intentionally jointly by § 25 II, damaged, while (II) illegal and (III) acted negligently. I. offense a) The success has occurred, the car has been hurt as foreign as the property of C without cause by bumps in its substance. This damage was also caused by the actions of A and B objectively attributable. Although both act in itself already so full tort. b) allocation, § 25 II aa) Obj you over the infringement but also the contribution to the act of each other after the Tatherrschaftslehre attributed pursuant to § 25 II, when both labor based on a joint decision in the sense of functional control over the infringement worked together. is this, first the provision of a contribution to the infringement required that is capable of weight , Communicate over the infringement. From the outside, there is a single overall event, the damage to the car. Here, A and B share the work with respect, not every single act, but on the overall success. They act on an equal footing with the same Tatbeiträgen forces strengthened, so that the two central characters are and will not appear as a mere peripheral figure. bb) Even after the formal objective theory is obsolete before complicity, since this theory now requires that every offender in itself but together with other direct actions fulfill the legal criteria (ie actual offenses committed within the meaning of the attempt, not every successful causal behavior runs), without it were up to another "over the infringement" or a joint decision. b) regarding intent. their own Tatbeiträge at A and B A and B were keen for the their own actions. Therefore, you have the intent pursuant to § 15, 16 I StGB. c) joint decision (express or implied agreement and each party has to imagine that the other acts intentionally). They also had regard to the intent Tatbeiträge of the other. They also have expressly agreed to demolish the car together. Therefore, you also had subjective functional control over the infringement and are therefore complicit. comes after the earlier subjective theory, it only depends on the will to complicity. The can, however, usually detected only indirectly. So you can from the objective over the infringement, if common purpose within the meaning of Tatherrschaftslehre and there is no contrary evidence (also see above) conclude that both wanted the deed as a joint. comes after the overall consideration of teaching it to the will of the perpetrator over the infringement, interest in the fact and extent of participation. Since self-interest of A and B should be available to the widest possible destruction of the car - the only one of the two quite secondary motive for action has, in the absence Instructions not to accept - and the level of participation is balanced there, even after an evaluative overall assessment in each case in accordance with established case law complicity. II calculation, the reasons are neither A nor given for B, there has consequently been unlawful. III. Since neither A nor B are present not the fault of restrictive rules, A and B also acted negligently.

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perpetration and participation I

The instructions should be read for the next hour!

first Court:

complicity: a) In general, the animus theory: (BGHSt 18, p.87 ff summary at: http://de.wikipedia.org/wiki/Staschynskij-Fall)

and RGSt 74, 84 et seq Bath case.

b) BGH, Supplement, 10.1.56 (BGHSt 8, 393, NJW 1956, 475) § § 25, 27 defining agency and participation, the course of events Mitbeherrschung

Az Supreme Court 6/15/2000 4 St 172 / 0 0: stabbing in the dark corridor

Supreme Court ruling of 01.23.1958 (4 StR 613/57) BGHSt 11, 268 shot at the pursuers

b) Aid: OLG Naumburg, mitt tick pub, NJW 2001, 2034

BGH decision of 01.27.1982 (3 StR 437/81) NStZ 1982, 244 planned jailbreak, to distinguish between complicity and attempt to aid and participation

BGH, Judgement of 09/01/1985 - reference number 2 StR 806/84, aid to robbery to get back the loot to the rightful owner , Tatbeendigung the robbery; successively aid

BGH, NStZ 1995, 490, presence in the back seat, conveying (causation or promotion ? Necessary), psychological aid

hair cut in the restaurant, NJW 1966, 1763, deferred offender - failure to participate in the fake offense

second Attachments: doll , The joint plan of complicity , ZiS 2007th
Rengier, agency and participation, JuS issue 4 / 2010 NEW DATE!

third Textbook: Krey, General Part Volume 2, Rnd. 164-204 (inclusive), 211-251.

4th Comment: Leipziger comment the Criminal Code, LK- Roxin , § 25 Rnd. 181ff. the test, especially in complicity Rnd. 199.