The withdrawal from the attempt and the robbery are highly relevant areas of criminal law for the exam. On the basis of the decision of the Federal Supreme Court of 24 November 2021 (4 StR 345/21) on the judgement of the Münster Regional Court of 26 May 2021 (22 KLs-61 Js 3088/20-5/21), we delve into both (1) attempted robbery and finally (2) withdrawal, whereby the focus here is on the failure of the attempt.

The acquisition in good faith may be precluded by gross negligence on the acquirer’s part. In the case of the acquisition of a (luxury) motor vehicle, bad faith on the acquirer’s part may arise despite the presentation of a motor vehicle certificate if special circumstances, such as the existence of a street sale or the absence of a proxy or, in the case of a luxury car, the service booklet, were bound to arouse his suspicion and he disregards them.

A pharmacist authorised to produce medicines for the treatment of cancer patients, who massively and thousands of times does not comply with the requirements of the medical prescription, thereby accepting an incalculable health risk for patients, some of whom are seriously ill, and abuses their trust for personal financial interests, is unreliable and unworthy in the sense of § 6 II BApO in conjunction with § 4 I 2 No. 2 No. 2 BApO.
(VG Gelsenkirchen, Judgement of 25.08.2022 – 18 K 3908/20)

An advertisement on the internet platform eBay-Kleinanzeigen for applications as a “female secretary” (“Sekretärin”) obliges the advertiser to pay damages under § 15 II AGG due to a discriminatory job advertisement even if the application is made via the chat function.
(LAG Schleswig-Holstein, Judgement of June 21, 2022 – 2 SA 21/22)

Without any enquiries or other expressions of interest by the tenant in the condition of the rented property, the landlord does not have to provide information about this without being asked, so that there is no deception by omission about the actual condition of the rented property. If a tenant fails to inspect a flat before renting it, although there would have been an opportunity to do so, this generally falls within the tenant’s sphere of risk.
(LG Lübeck, judgement of 7 July 2022 – 14 S 23/21)