wegnahme

Wegnahme is a German legal term that translates to "taking away" or "appropriation." It is a broad concept that encompasses various forms of depriving someone of their property. In criminal law, Wegnahme is a core element of theft (Diebstahl). For theft to occur, there must be a fraudulent acquisition of movable property through Wegnahme, meaning the perpetrator must take possession of the item unlawfully and with the intent to enrich themselves.

The term can also appear in other contexts. For instance, in civil law, Wegnahme might refer to the unlawful seizure of assets during enforcement proceedings. It can also describe the act of taking something without permission, even if criminal intent is not present, though the legal consequences would differ. The specific definition and implications of Wegnahme depend heavily on the legal context in which it is used. Key aspects include the unauthorized nature of the taking and the transfer of control from the rightful owner to the perpetrator. The concept emphasizes the loss of possession and control over a thing by its legitimate holder.