Der Gefährdungsschaden im Untreuetatbestand

One of the most controversial topics in the area of Commercial Criminal Law is the question, whether or not a damage pursuant to section 266 German Criminal Code can result from a mere endangerment and how such damage can be ascertained. In this dissertation the author examines the current case law and legal literature. The focus rests upon the question how a damage cause by endangerment can be legitimized, on which dogmatic foundation it can be based upon and what its characteristics are. Furthermore the difference between such damage and a final damage is examined and a concept to differentiate between both legal figures is suggested. Additionally the relevant cases can be categorized into three different groups. Possible proposed solutions are examined using exemplary cases (the endangerment by potential sanctions, the damage resulting from entering into contractual relationships and the damage resulting from a granting of credit).