계속범의 본질 -불법성의 내적 강화-와 유형화

Essentialpropertyandclassificationof‘Dauerdelikt

‘Dauerdelikt’ is a continuing crime. Although The ‘Dauerdelikt is defined as a crime subsequent misconduct and illegal state match, ‘Dauerdelikt or Zustandsdelikt is very hard or impossible to distinguish and is still ambiguous case-by-case crimes. Since the existence criteria is necessary that at the time after completion of commission of crime, it must be observed whether omission of the act or acts exist. Starting from willful actors to choose from acts contrary to the norms of illegality, as long as the intentional act continues, crime will continue. And it is evaluated while the action continues willfully, illegal state not only continue, but also internal strengthening of illegality has been performed. ‘Dauerdelikt , that is infringement after completion of commission of crime adds to the interests protected by law through inaction or omission of additional actors, gradually increasing from a base point, is a sin or a large extent has been enhanced illegality. In this study will be made a classification that authentic crime of omission, declaration of intention as juristic act, and willfully act that during continuing act unlawfulness is enhanced increasingly are ‘Dauerdelikt’.