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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.

Messenger For Mac Keep Name

graphs omission

Discjuggler Must Reboot Computer

homework in preparation for the criminal omission

Under the heating

M and F have been married for many years. As F is an evening to 1 clock outputs from one of her many home, she finds the M in an awkward position. M had tried to clean the radiator in the bathroom and had became so under the - cranked and thus very hot - heater down, that he had pinched himself and could not free himself. F recognizes the seriousness of the situation and is aware that M could die from the heat and burns. However, they can not bring themselves to help him, because M is the F in the past had often deceived. Therefore, she leaves the house again and goes for a beer to a friend. At that time, M would have been saved. Then T and S come home, who wants two adult children of M and S F. While helping his father immediately, the T seems favorable opportunity to take revenge on her father. Because T has suffered itself for years among the ill-treatment of M. Therefore, it pulls the ado over the phone available in S a room and locks him there. T itself remains in the apartment and sits before the TV. Even at the time M would have been more help. In the meantime, the F but had concerns. She is reminded of the good times of her marriage to M, and concludes that M had such a late appearance but deserved. It calls for an ambulance immediately and does hurry back home. There, they will at least alleviate the pain of the M by cooling until the arrival of the emergency physician. F meets there a clock by 2. The ambulance arrives at a forward but now everything necessary. However, M died by 3 clock in the hospital.

criminality of F and T?



Structural design: The spurious omission offense

0th Preliminary assessment (proposal deferred until the bottom of the first event only intellectually, but also about acceptable.)

a) act or omission alleged as a starting point? (By hM-gravity theory, where the focus of the action?)

b) proper or improper omission offense?

I. FACTS:

1) success (eg death of another human being at § 212)

2) "fails" the culprit?
a) M. h. After failing at failure to carry out the obj to prevent success. necessary and legally necessary action to the word meaning given to only when a physical-real (is some cases even required, which the option must be legally permitted, but only for strictly legal obligations, such as transfer of ownership is) turning away possible. When are unclear, clarify if necessary act or omission alleged acts as a link? (? After hM gravity theory, where the focus of the culpability lies - Criteria: Direct causation before omission, intent shifts the focus))

[After a. A. averting possible only a matter of duty to guarantee: the action is legally necessary, if the offender has a duty to act. Minimum requirement for this duty is the hypothetical causal link between failure and success.]

b) "quasi-causality: only if the expected action's success can also prevent (the possibility of another person (perpetrator) to avert the occurrence of the success (or safety only risk reduction Str Sch / Sch / Stree § 13 Rnd 61?. )

3) duty to guarantee
a) guarantee for the return: Actual circumstances giving rise to the obligation.
b) standards, or other groups of cases: the perpetrator must also be committed because of this property to make such action. If the offender has a particular duty, because it must guarantee the right property damaged. Eg
family members with each other, force legal duty policeman Doctors are controversial for violation of his obligations earlier conduct (Inge Renz), other groups of cases (in contract, risk community, profession). (Abstract obligation and duty to guarantee the real property together justify in that case, much of this terminology is a mess)

4) intent with respect to 1 a) (may be wrong about the conditions of a guarantee for the return or other factual circumstances. According to M. h. must belong to the intent merely establish the guarantee position, that the factual circumstances, a duty, not the obligation, that would be a Subsumtionsirrtum and thus a mistake of law pursuant to § 17 I StGB. A. a., normative criterion, reasonable)

5) equivalence of imaginary action and omission (§ 13), particularly in terms of way of completion. Very soft criterion.
is used in specially formulated actions: driver
example, statements etc.

II UNLAWFUL
Possibly. Unjustifiable conflict of duty (not eligible)

III. DEBT
first As with the intentional commission of offense
second Reasonableness standard obligations (H. M., M. m. to examine facts already in the [then before the equivalence clause, ideally under I. 3 after the mental element]). Here, only cases are concerned, sacrifice in which the perpetrator's own legal interests need to save the victim, without thereby reducing the chances of recovery significantly [otherwise have no quasi-causality] Example: Mother silk sweater must perish for child rescue = + reasonableness. save mother has a child from injury, and herself to hurt also rescue the child from moderately hazardous dachshund bite, with the mother but would bite even reasonable -)

offense to T:
The daughter would be liable to prosecution for actions, because it breaks off from his rescue efforts. If you break your own from the focus on the omission. Failure to do so differences according to the teachings of the consistent holdings of the constituent level already! (AA law unit)

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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. "