Unbeendeter Versuch und strafbare Vorbereitungshandlung

The German criminal law provides sanctions in certain cases of attempt and preparatory acts which constitute a necessary stage to the intended violation of legal rights but are not – according to the imagination of the culprit - qualified to cause an actual violation of these rights. Following this, it is uncertain whether the already commited conduct will be continued and thereby lead to an actual infringement. Such sanctioning of preceding conducts constitutes a significant forward displacement of punishability. This work analyses the theoretical basis as well as the legal legitimacy for such displacement.