BGH Archive | Recht vertieft

2 – Decision review: Criminal Law – The withdrawal from the failed (?) attempt of aggravated robbery

4. October 2023 / Decision review / Ali Tahir Sen, BGH, Criminal law, LG Münster, May 2021

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.

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News: Criminal law – No consent in deprivation of liberty in case of deception about travel destination

23. July 2022 / News / Ali Tahir Sen, BGH, Criminal law, deprivation of liberty, June 2022

§ 239 StGB (German Criminal Code) protects the potential will to move forward, which is the point of reference for consent that excludes the offense, so that a deprivation of liberty exists if consent obtained by trickery or deception results in a non-conscious deprivation of liberty. It is merely a means to make it easier to commit the deprivation of liberty by preventing the expected resistance of the person concerned, but does not lead to an exclusion of the fulfillment of the objective element of § 239 I StGB.

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News: Law of Obligations – Invalidity of General Terms and Conditions in case of a reduction of the limitation period to one year in case of health damages

18. June 2022 / News / Ali Tahir Sen, BGH, General Terms and Conditions, Law of Obligations, March 2022

General terms and conditions which bring forward the ” period of limitation for material defects” do not stand up to a review of their content in accordance with §§ 307 et seq. BGB (German Civil Code) if they exclude or limit liability for bodily injury or health damage caused by negligence or liability for other damage caused by simple negligence.

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News: Law of Obligations: No fictitious & concrete compensation in the case of a repair in order to manufacture the traffic safety

17. June 2022 / News / Ali Tahir Sen, April 2022, BGH, Damage Compensation, Law of Obligations

Also in the case of a partial repair necessary to establish road safety, the combination of fictive and concrete damage calculation violates the “mixing prohibition” (ger. “Vermischungsverbot”).

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