Grundfragen der Irrtumsregelung in § 113 Abs. 3 S. 2, Abs. 4 StGB

The issues concerning the special provision on the error characteristic for the German law of resisting an officer are still of current interest. In the light of the recent criminal policy debate the matter demands a fundamental clarification as well as a critical approach towards generally held concepts. This dissertation examines the complicated structural fundamentals of the special rule before tracing its intriguing historical background. Not least the latter proves to be an indispensable source of knowledge for locating the subject in the field of tension between criminal law doctrine and criminal policy. Developing a distinct methodological approach the author finally draws conclusions on the enigmatic legal nature of the subject. Referring to criminal law doctrine and criminal policy, this dissertation is of use both to the legal scholar and the legal practitioner.