Das kognitive Vorsatzelement in Bezug auf die Quasi-Kausalität

Intent in a quasi-negligent offence presents a complex set of problems, combining the well-known substantive and procedural difficulties of the subjective side of the offence with those of hypothetical causation. The Fifth Senate of the German Federal Court of Justice (BGH), in its decision in the Göttingen allocation case, used a definition of the cognitive element of intent in the context of hypothetical causation which has met with considerable resistance because of its far-reaching consequences. However, no more convincing proposals have been found in the literature. The author has therefore developed a new definition that represents a middle way.