Straffbar

Straffbar is a legal term describing acts or omissions that can be punished under criminal law. In most civil-law systems, an action is strafbar only if it satisfies the elements of a criminal offense as defined by statute (the Tatbestand) and is prohibited by law. Criminal liability generally rests on three interrelated components: the Tatbestand (the objective and subjective elements of the offense, such as conduct, result, causation, and often a required mental state), unlawfulness (Rechtswidrigkeit), and culpability (Schuld). If any element is missing, the act may be non-straffbar.

Some offenses require a mental state (intent or negligence) and are punishable only when such culpable state exists. Others are strict liability offenses that do not require proof of a particular mental state. In addition, various defenses or justification grounds (Rechtsfertigungsgründe) can remove unlawfulness or culpability, rendering an otherwise prohibited act straflos.

In practice, the concept is central to German-speaking legal contexts and is closely associated with the structure of the German criminal code (Strafgesetzbuch, StGB). The notion covers not only completed acts but also attempts to commit crimes, which can be strafbar under certain conditions. Examples of strafbare acts include theft (Diebstahl) and bodily harm (Körperverletzung); acts justified by self-defense or necessity are typically not strafbar.

The principle nulla poena sine lege (no punishment without a preexisting law) constrains strafbarkeit to conduct prohibited by statute, and statutes of limitations can affect the enforceability of punishment over time.