Die Beurteilung des Alternativvorsatzes durch den Bundesgerichtshof

Abstract

The assessment of the alternative resolution by the Federal Court of Justice

In a current decision, the 4th criminal senate of the BGH initially commented on the problem of the "Dolus Alternative" for the first time at the beginning of this year. In accordance with the prevailing doctrine for the constellation, he has accepted that the perpetrator has accepted the start of success on another (not but not more) than the injured person, approved the uniform conviction due to an attempted crime in addition to the completed act with the proviso that the narrowing of the perpetrator must be taken into account as part of the penalty. The article shows that in other dogmatic contexts there is definitely a distinction between the either-or scheme of the alternative settlement and the cumulative resolution geared towards both-as-ach-also principle. Against this background, it seems questionable to equate both constellations with regard to the competition and to refer the distance between them in the rather diffuse punishment area.