Mittäter

Mittäter is a term used in criminal law to describe a person or persons who jointly commit a crime with a common intent. The essence of a Mittätership is the gemeinschaftliche Tatausführung, where the participants act together toward the same objective and share the decision to commit the offense. Each Mittäter is typically regarded as fully liable for the criminal act.

In the German legal system, Mittäterschaft is closely linked to the concept of Täterschaft under the Strafgesetzbuch (StGB). § 25 StGB governs the idea that when two or more persons commit a crime together, they may be treated as Mittäter, with liability for the entire offense. The key criterion is the existence of a shared purpose and coordinated execution, such that each participant contributes to the essential elements of the crime.

Mittäterschaft is distinguished from other forms of involvement such as Anstiftung (instigation) and Beihilfe (aiding), which are forms of Teilnahme but do not qualify someone as a Mittäter. Anstifter and Gehilfe may still bear criminal liability, but their role is typically seen as aiding or prompting rather than joint execution. For example, if two individuals plan and physically carry out a robbery together, they are Mittäter; if one merely instigates or provides material support without sharing the execution plan, they may be charged as Anstifter or Gehilfe rather than as a Mittäter.

The concept has practical implications for sentencing and criminal responsibility, emphasizing equal accountability among co-perpetrators when a shared criminal objective and collaborative execution exist. While largely consistent across German-speaking jurisdictions, interpretations can vary with case-specific factors such as the degree of collaboration and the distribution of roles.