Der Gefährdungsschaden

The concept of endangering damage has been part of the fixed repertoire of criminal law for at least 130 years. Nevertheless, it has not yet been clearly clarified where the boundary between property-relevant and irrelevant endangerment lies. In contrast to the previous fact- and delict-related case groups, Melanie Epe therefore forms ten inductive-dogmatic case groups on the basis of all 382 decisions of the Reichsgericht, the BGH and the higher courts published in the standard literature. The performance of the case groups is that they make the figure of the endangering damage more tangible in practice. This is because dogmatic, economic peculiarities are linked to the justification of the endangering damage.