Erfolgsstrafbarkeiten

Erfolgsstrafbarkeiten, a German legal term, refers to criminal offenses where the legal consequence is contingent upon the occurrence of a specific outcome or result. This contrasts with conduct-based offenses, where the mere commission of the prohibited act, regardless of its consequences, suffices for criminal liability. In Erfolgsstrafbarkeiten, the criminal law attaches liability not only to the act itself but also to the detrimental result that flows from it.

The core concept involves a causal link between the perpetrator's action and the prohibited outcome. This often involves the distinction between an act (Handlung) and a consequence (Erfolg). For a conviction in cases of Erfolgsstrafbarkeiten, the prosecution must prove beyond a reasonable doubt that the defendant's conduct caused the prohibited result. This causality can be established through factual causation (conditio sine qua non) and legal causation, which considers whether the result was a foreseeable and attributable consequence of the defendant's actions.

Examples of Erfolgsstrafbarkeiten include offenses like homicide, where the prohibited result is the death of a person, or bodily harm, where the result is an injury. The severity of the punishment in such cases is often directly related to the severity of the inflicted outcome. The legal framework surrounding Erfolgsstrafbarkeiten aims to punish not only wrongful actions but also the harm that these actions may inflict on society or individuals. This principle underscores the idea that criminal law should address and penalize tangible negative impacts.