Raub durch Unterlassen

In his dissertation the author examines the problem of robbery through omission, which has been discussed in literature and jurisprudence for more than 50 years. This subject, which appears at first glance to be a part of the particular part of the German criminal code, leads him to the investigation of a general structural problem and a deep analysis of the general part of the German criminal code, especially of the doctrine of omission. It leads him to a much differentiated conclusion, which does not deny the possibility of robbery through omission categorically, but for most cases. The solution developed by him, a differentiation according to Armin Kaufmann's function doctrine, does – in parts – also turn against the commonly accepted possibility of robbery through omission in so called three-person-relationships.