Tatbestand

Tatbestand is a fundamental term in German criminal law referring to the factual and legal elements that define an offense as described by a statute. It sets out what must occur for a conduct to qualify as a crime and is used to determine whether a defendant’s actions meet the criteria of the law. The concept is central to the prosecution’s burden of proof and to the court’s assessment of guilt.

The Tatbestand is typically divided into two parts: the objektiver Tatbestand and the subjektiver Tatbestand. The objektiver Tatbestand includes the concrete facts of the act, its object, and any resulting consequences or circumstances required by the statute. The subjektiver Tatbestand concerns the mental state of the offender, such as intent (Vorsatz) or negligence, which the statute requires for culpability. Some offenses also include additional requirements or special forms of conduct, such as omissions (Unterlassungstatbestand) where a duty to act is mandated by law.

Together with the elements of Rechtswidrigkeit (illegality) and Schuld (culpability), the Tatbestand forms the core of a criminal charge. Only if the prosecution proves the Tatbestand beyond a reasonable doubt can a conviction be possible, assuming also illegality and fault are satisfied.

Examples illustrate the concept: Diebstahl requires a taking of a movable property belonging to another (objective) with the intention to permanently deprive the owner (subjective). Körperverletzung requires an unlawful bodily harm caused with the requisite mental state. The precise wording and structure of the Tatbestand are dictated by the applicable criminal norm and guide both charging decisions and judicial rulings.