Beihilfe

Beihilfe is a term used in German criminal law to describe a form of participation in the commission of a crime. It refers to assistance provided to another person that helps make the criminal act possible, such as information, tools, or other support. The aid must be deliberate and purposeful; mere presence or incidental help is generally not sufficient.

Legal basis and scope: Beihilfe is governed by § 27 of the German Criminal Code (StGB). The statute provides that a person who, by providing Beihilfe to another in the commission of a criminal act, aids the offender shall be punished in the same way as the principal offender, to the extent that the degree of guilt justifies it. The court may impose a lesser punishment if the degree of involvement is correspondingly reduced.

Elements: There must be a अपराध (criminal act), concrete assistance that facilitates its execution, and intentional participation with knowledge of the crime. A causal connection between the Beihilfe and the offense is required. The aid must contribute to the crime; passive presence alone is typically insufficient.

Examples: Lending a weapon, supplying information, acting as a look-out, or arranging means that enable the crime.

Relation to other forms of participation: Beihilfe is distinct from Anstiftung (instigation), which involves urging another to commit a crime, and from Mittäterschaft (joint perpetration), where participants act as co-offenders.

Punishment: In general, Beihilfe carries the same potential penalty as the main offender, though a reduced sentence may be justified depending on the level of involvement and guilt.