Rekonstruktion des Verbotsirrtums: Die einheitliche Irrtumslehre

The mistake theory is traditionally an unavoidable topic in criminal law theory. A correct mistake theory, on the other hand, should combine the normative attribution after the act and the subjective state at the time of the act. The "unified mistake theory" advocated in this thesis traces the question of criminal attribution back to the subjective nature of the offender's cognitive deviation. In the context of criminal law dogmatics, the "unified mistake theory" is based on a second-level distinction between the knowledge and the intent of the offender. This second-level distinction is based on the limitation of the intent to commit a crime to "first-level knowledge and intent" and the limitation of the understanding of wrongdoing to "second-level knowledge and intent". On this basis, the "unified mistake theory" bases the question of criminal law attribution for the cognitive deviation on the avoidability of the "knew what he wanted" of the wrongful intent.