Die Unterlassung im Strafrecht und das Garantenprinzip

Autor*innen

• Rolf Dietrich Herzberg

Parameter

• Lehrbücher
• Universitätslehrbücher

Mehr zum Buch

The text outlines a comprehensive exploration of various aspects of criminal law, focusing on omissions and the scope of the guarantee theory. It begins with an introduction and a detailed examination of true and false omissions, including genuine and behavior-bound offenses. The work delves into the application of the guarantee theory in these contexts, discussing participation and the system of omissions alongside supplementary individual investigations. The second part addresses the concept of action in criminal law, highlighting the limitations of the issues, scholarly opinions, and the action concept for pure result offenses. It proposes a negative action concept and emphasizes the principle of "control over the cause of the result" as a guiding framework. In the third part, fundamental problems of omission dogmatics are analyzed through the lens of the negative action concept, covering methodological questions, the definition of omission, causality, and the obligations to act. It also examines intent, negligence, and constitutional issues surrounding guarantee offenses, as well as the distinction between authorship and participation, particularly in cases of false omissions. Finally, the fourth part discusses omission liability and guarantees in open statutory offenses, addressing equivalent omissions, omissions following prior actions, and the responsibilities of supervisory and protective guarantees. The work conclu

• Sprache: Deutsch
• Erscheinungsdatum: 1972