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Attempt (German Penal Code)
An attempt () according to § 22-24 German Penal Code (StGB) refers to the commission of a crime for which the perpetrator has intent regarding its completion and which has begun, but which has not been completed. Attempted serious crimes (those with a minimal punishment of more than one year) are always punishable, while attempting a lesser crime requires a specific provision in law to be a crime.BeckOK StGB/Cornelius, 63. Ed. 1.8.2024, StGB § 22 Rn. 22 The specific justification for the prohibition of attempts, particularly attempts that pose no danger, is disputed among legal scholars. An attempt is not punished if the perpetrator abandons the attempt.MüKoStGB/Hoffmann-Holland, 5. Aufl. 2024, StGB § 24 Rn. 1 History and criminological background Criminological background The criminological background for the punishment of attempts is disputed, with a plethora of theories supported by scholarship. The objective theories, which argue for a punishment based on the specific dang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Penal Code
''Strafgesetzbuch'' (, literally "penal law book"), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutio Criminalis Carolina
The Constitutio Criminalis Carolina (sometimes shortened to Carolina) is recognised as the first body of German criminal law (''Strafgesetzbuch''). It was also known as the '' Halsgerichtsordnung'' (Procedure for the judgment of capital crimes) of Charles V. Its basis was the ''Halsgerichtsordnung'' of Bamberg (also known as the ''Bambergensis'') drawn up by Johann Freiherr von Schwarzenberg in 1507, which in turn went back to the humanistic school of Roman law. The Carolina was agreed in 1530 at the Diet of Augsburg under Holy Roman Emperor Charles V and ratified two years later at the Diet in Regensburg (1532) (which was judicially a '' Hoftag'', an informal meeting), at which point it became law. It predominantly covered civil law alongside criminal law. Under the terms of the Constitutio Criminalis Carolina, actions such as murder, manslaughter, robbery, arson, homosexual relations, and witchcraft were henceforth defined as severe crimes. In particular, the Carolina specifie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inchoate Offence
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404. Intent Every inchoate crime or offense must have the ''mens rea'' of intent or of recklessness, typically intent. Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. Attempt, conspiracy, and solicitation all require ''mens rea''. On the other hand, commit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |