Tatbestands

Tatbestands is in German legal language the genitive form des Tatbestandes and refers to the set of facts defined by a criminal statute that must be present for a crime to occur. In everyday use the term is closely linked to the concept of Tatbestand, which describes the legally required objective and subjective elements of an offense. The plural Tatbestände is used to denote the different offenses or the various factual configurations described by different statutes.

A Tatbestand typically comprises two concentric layers: the objektiver Tatbestand and der subjektiver Tatbestand. The objektiver Tatbestand covers observable elements such as conduct, result, and causality (for example, taking away a movable property in theft). The subjektiver Tatbestand concerns the offender’s mental state, such as Vorsatz (intent) or Wissen und Wollen (knowledge and volition) regarding the illegality and the incidence of the act. Some offenses also require additional normative features, like Unrechtsbewusstsein or Specific Absicht, which influence the mens rea.

The concept serves to separate what the law requires from how it is applied. If all elements of the Tatbestand are present, the offense is considered fulfilled at the level of the statute. However, additional considerations like Rechtswidrigkeit (the illegality of the act) and Schuld (culpability) determine whether the offender is criminally responsible and subject to punishment.

Examples of typical Tatbestände include Diebstahl, Körperverletzung or Betrug, each with its own defined objektiver und subjektiver Bestandteile. The term remains central to the analysis of criminal liability and the construction of legal judgments.