Der Betrug als Vermögensverschiebungsdelikt

From the requirement that the perpetrator acts with a specific intent directed at enriching himself or a third party, the nature of fraud is claimed to be an offence with relocation of assets (from the victim’s to the perpetrator’s patrimony). The purpose of this study is, besides investigating the enrichment intent, to show this legal design of fraud, making it fertile for dogmatics. In the first chapter, the author addresses himself to the element of substance equality (Stoffgleichheit) and the formula for its determination. In the second chapter, the author examines the definition of intention and offers a solution to the problem of the distinction between intention and foresight, which benefits from the philosophical discussion of the last decades. In the third chapter, the author investigates the systematic classification of the unlawfulness of the intended benefit and its consequences for the theory of error.