Zur Garantenstellung aus Verantwortung für Räume und Grundstücke

The dissertation argues for a guarantor status within the meaning of Sec. 13 German Criminal Code for property owners. The work analyses and shows the impracticability of the criterion “besondere Beschaffenheit oder Lage” (particular quality or location), established by the Federal Supreme Court in a decision of 1982. By a subjective and factual approach the dissertation shows the risk inherent to a room’s natural quality as an area with spatial boundaries and hidden from public perception of activities from the outside. Amending the criterion of the Federal Supreme Court, the dissertation calls for a guarantor status of property owners even for offences committed by third parties. With respect to such offences in the property of home owners, the dissertation distinguishes between different effects of risks which result in an offence within the criterion “objektive Zurechenbarkeit” (attribution).