schuldfähig

Schuldfähig is a German legal term that translates to "culpable" or "capable of bearing guilt." It refers to the mental capacity of a person to understand the wrongfulness of their actions and to control their behavior. In criminal law, a person is generally considered schuldfähig if they have reached a certain age and are not suffering from a mental disorder or severe developmental impairment that would negate their ability to form criminal intent.

The concept of schuldfähig is crucial for determining criminal responsibility. If a person is found to be not schuldfähig at the time of the offense, they may be acquitted of criminal charges, even if they committed the act. Instead, other measures, such as compulsory treatment or confinement in a psychiatric facility, might be imposed. The assessment of schuldfähig is a complex process that often involves psychiatric and psychological evaluations.

German law specifies age limits for criminal responsibility. Individuals under the age of 14 are generally deemed incapable of being schuldfähig. Between the ages of 14 and 18, the concept of diminished culpability may apply, meaning that while they can be held responsible, their age is taken into account. For adults, the primary focus is on the presence or absence of mental incapacitation that would prevent them from understanding their actions or controlling them. The burden of proof for demonstrating a lack of schuldfähig typically rests with the defense.