tatbestandsmäßiger

Tatbestandsteils is a German legal term that translates to "elements of the offense" or "factual elements of the crime." In criminal law, it refers to the objective circumstances and conduct that must be proven to have occurred for a specific criminal offense to have been committed. These elements are typically defined in the penal code and describe the prohibited act or omission, the resulting harm (if any), the causal link between the act and the harm, and any specific conditions or circumstances required for the offense.

For example, in the offense of theft, the tatbestandsmäßiger would include elements such as the taking of a movable object belonging to another, the intent to appropriate it, and the unlawful nature of the taking. Prosecutors must demonstrate that all these objective elements have been met beyond a reasonable doubt for a conviction to be possible. The tatbestandsmäßiger is distinct from the guilt (Schuld) phase of a criminal trial, which focuses on the subjective culpability of the accused. It forms the foundational layer of a criminal charge, establishing that the prohibited conduct has indeed taken place.