Tatbeständen

Tatbeständen is a technical term in German criminal law referring to the factual and legal prerequisites that must be fulfilled for a conduct to constitute a crime under a statute. A crime is defined not merely by a sanction but by a concrete pattern of facts described in the law. A Tatbestand typically comprises two parts: the objektiver Tatbestand (the objective, external elements) and the subjektiver Tatbestand (the subjective, internal elements).

The objektiver Tatbestand includes the concrete acts or omissions, usually the conduct itself, a causal link to the result, and, in some cases, a specific object or property involved. The subjektiver Tatbestand specifies the mental state required, such as dolus (intent) or Fahrlässigkeit (negligence), and may address motives or purposes. For a Tatbestand to be ver verübt, the observed facts must satisfy all elements of the relevant statute. If any element is missing, the offense does not occur.

Even with a fulfilled Tatbestand, the act may still be Rechtswidrig (unlawful) or, if the actor lacks Schuld (culpability), not punishable. Some offenses are Begehungsdelikte (committed by action) and others Unterlassungsdelikte (committed by omission); the causal connection is often essential.

Examples illustrate the structure: Theft requires taking away a movable object of another with the intention to permanently deprive the owner (Vorsatz). Homicide requires killing a person with the appropriate mental state. In court, judges assess whether the Tatbestand, Rechtswidrigkeit, and Schuld are satisfied for a conviction.