Objektive Zurechnung und Tatherrschaft

For decades, cases of autonomous self-endangerment and consensual endangerment by third parties have been treated as constellations of objective attribution by jurisprudence as well as by the prevailing theory, whereby their contentual differentiation is made by means of the criterion of authority of action from the dogmatics of participation. According to the author, this is astonishing, since, according to the prevailing theory, the legal forms of objective attribution and participation are to be distinguished from one another with regard to dogmatics and criminal systematics. Therefore, she conducts a detailed analysis of cases of self-endangerment and of endangerment by third parties, as well as of the relationship between the two categories. The author concludes that the prevailing dualistic understanding of attribution and participation is not convincing and that instead, a uniform offence, which includes the category of objective attribution as well as that of participation, should be assumed.