Excuse (legal)

As an excuse to the circumstances referred to in German criminal law, in whose presence the guilt and injustice content is very much reduced, and therefore is no longer punishable. In return for the excuse reasons, there is the Schuldausschließungsgründe.

These excuses are in particular:

  • Apologetic emergency ( § 35 StGB)
  • Self-defense is exceeded ( § 33 StGB)
  • Official instructions / instructions / commands ( eg § 56 paragraph 2 sentence 3 BBG )
  • Apologetic conflicts of duty

Examples of Schuldausschließungsgründe:

  • Unavoidable mistake of law (§ 17 StGB)
  • Insanity

When engaging a ground of justification Unlike the excuse reasons omitted (main example: self-defense ) is already the illegality of the act.

  • General penology ( Germany )
Justification (jurisprudence)
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