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