Joyride (crime)

The unauthorized use of a vehicle is a criminal offense in the German Penal Code. It is governed by § 248b StGB. The provision is an exception to the basic presumption impunity of use ( usus furtum ) in German law.

Facts

(1) Whoever accepts a motor vehicle or a bicycle against the will of the person entitled in use, shall be punished with imprisonment up to three years or a fine, if the act is not punishable under any other provision with more severe punishment.

( 2) The attempt shall be punishable.

( 3) The offense shall be prosecuted only upon request.

( 4) motor vehicles within the meaning of this provision are the vehicles that are moved by machine power, land vehicles only insofar as they are not tied to railway tracks.

This fact was established in 1953 inserted into the German Criminal Code. Previously it was the (emergency) Decree of the Reich President against unauthorized use of motor vehicles and bicycles on 20 October 1932. Should be managed according to established prevailing opinion, the right to use on a vehicle.

Constituent elements of

Suitable Tatobjekte means a motor vehicle as defined in Section 4 (in particular cars, motorcycles, airplanes, ships, on the other hand not trams, car trailer towed barge not self-propelled, etc. [ Lackner / cooling, Commentary of the Criminal Code 25 edition ] ), and bicycles, which also tricycles including fall, mopeds, scooters or bicycles with auxiliary engines are expected to power vehicles.

Criminal act is the putting into use companies, but that does not already with the commissioning of the vehicle, but by use for locomotion. It does not necessarily take place a special change of place, it is enough for a view already making use, to practice parking. There is disagreement, however, whether the Unbefugtheit may be limited to the type and duration ( according to case law ).

A custody exchange sets of facts not advance. However, the consumption of fuel and engine performance is not enough, instead of the facts of § 248b is now a theft ( § 242 StGB) or withdrawal of electrical energy to make factual terms.

Provided, however, that the putting is against the will of the owner ( the owner). If during the putting into use of the permit revoked for use, then the offense exclusion remains still exist: the putting is not factual then default.

Intent is required. It also extends to the feature of the will of the owner. Consequently errors include the header according to § 16 of the Criminal Code as an element of error.

Special

If the vehicle is taken by force against the owner or authorized user in use as a case of extortion is according to § 253 StGB. Is a Zueignungsabsicht lockable, so instead a robbery under § § 249 ff StGB or extortion pursuant to § 255 of the Penal Code is given.

Attempt

The attempt is punishable. It is enough the break the lock to put on the putting if the offender intends to move in any case with the vehicle. An attempt is also given if the offender is shaking on the front wheel to see if the steering lock is locked or goes into the car to get it to start.

Completion / termination

Once the vehicle is set to start on the journey, the act is completed, it will continue until the use of the vehicle is stopped.

Request offense

The offense is absolute application offense. Eligible applicants are exclusively owned and authorized to use. The application period begins with the recovery of the vehicle.

Competitions

Compared to all other deeds, provided it is not as described above for the theft constellation, the unauthorized putting of vehicles is subsidiary. If further offenses realized during the unauthorized putting, there is coincidence ago according to § 52 of the Criminal Code.