Fahrlässigkeit als Irrtum

Even in criminal law, the negligence criterion is generally charged with legal practitioners’ judgments. This contradicts the principle of separation of powers and puts the legal practitioner in a legislator-like position. The thesis proposes a clearer distinction between factual ability and legal obligation. Only the legislator can make a binding decision on the latter, thus when assessing negligence, objective attribution or unlawfulness, the entirety of written statutory law must be examined for concrete prohibitions. The work, being strictly based on the wording of the current statutory law, examines questions regarding the General Part with a focus on wording and systematic interpretation.