Lähenemispunkte

L'ähenemispunkte refers to a concept within German-language legal and academic discourse, particularly in the realm of criminal law and its theoretical underpinnings. It translates roughly to "points of approach" or "approaching points" and describes the initial stages of a criminal act or the phase where an individual's conduct begins to transition from innocent preparation to a punishable attempt.

The precise definition and delimitation of lähenemispunkte can be a complex matter, often debated among legal scholars. It signifies a critical juncture where the individual's actions are no longer considered merely preparatory but have moved sufficiently close to the commission of the intended crime to warrant legal intervention. This concept is crucial for distinguishing between mere thoughts or plans and actions that constitute the beginning of an attempted offense.

Identifying lähenemispunkte helps in determining when an individual can be held criminally liable for an attempt, even if the crime is not fully completed. This requires a careful analysis of the objective and subjective elements of the offense, considering the perpetrator's intent and the objective manifestations of their conduct. The specific criteria for establishing lähenemispunkte can vary depending on the jurisdiction and the nature of the crime being considered, but it generally involves actions that directly and unequivocally aim at achieving the criminal objective.