tätigkeitsdelikt

English translation: offence committed in law...

17:48 Aug 2, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: tätigkeitsdelikt
Bei der Verleumdung handelt es sich um ein abstraktes Gefährdungsdelikt, und damit um ein Tätigkeitsdelikt gegen die Ehre.

Any thoughts greatly appreciated!

Also: abstraktes Gefährdungsdelikt = 'abstract strict liability offence'?
Daniel Jeory
Local time: 06:45
English translation:offence committed in law...
Explanation:
According to Lister / Veth, Taschenwörterbuch Recht DE>EN (very good on crime): offence by commission; offence committed in law at the same time as the criminal act.

I think 'offence by commission' is not very clear. I think you need to be more longwinded and say German law distinguishes...

Contrast is with Erfolgsdelikt: for murder, the person has to die (Erfolgsdelikt), but for Verleumdung, you can commit it immediately!

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Note added at 2003-08-02 21:32:53 (GMT)
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Gefährdungsdelikt is contrasted with Verletzungsdelikt. It is enough if the risk of harm arises, whereas with V. the injury has to be done.
Abstrakte Gd require no concrete endangering of an object of legal protection - they just punish the dangerous nature of the act. e.g. drunken driving.
Concrete Gd could be drunken driving *in traffic*, where you are specifically endangering someone. Or something like that.
Selected response from:

Margaret Marks
United Kingdom
Local time: 06:45
Grading comment
Thanks Margaret...excellent explanation. As you suggested, I've kind of paraphrased it. Thanks also to Terranova and Kim.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1offence committed in law...
Margaret Marks
3sorry - only Gefährdungsdelikt
Terranova
3offense by commission
Kim Metzger


  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
tätigkeitsdelikt
offense by commission


Explanation:
That's what Romain says.

Kim Metzger
Mexico
Local time: 00:45
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 22076

Peer comments on this answer (and responses from the answerer)
neutral  Maureen Holm, J.D., LL.M.: But still needs defending. An act of commission vs. an act of omission. Absolutely relevant and correct. Moreover, it's clear; certainly not "clear as mud" as KM suggests.
4 days
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
tätigkeitsdelikt
sorry - only Gefährdungsdelikt


Explanation:
Up to now I did not find Tätigkeitsdelikt, but I can give you the translation of abstraktes Gefährdungsdelikt: potentially endangering offence, according to the link below. The text describes Gefährdungs- and Tätigkeitsdelikt, but unfortunately I do not find any translation of the latter.
In case of any further success I'll let you know
Hope it helps you!



    Reference: http://hudoc.echr.coe.int/Hudoc1doc2/HEJUD/199810/worm%20bat...
Terranova
Local time: 07:45
PRO pts in pair: 14
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
offence committed in law...


Explanation:
According to Lister / Veth, Taschenwörterbuch Recht DE>EN (very good on crime): offence by commission; offence committed in law at the same time as the criminal act.

I think 'offence by commission' is not very clear. I think you need to be more longwinded and say German law distinguishes...

Contrast is with Erfolgsdelikt: for murder, the person has to die (Erfolgsdelikt), but for Verleumdung, you can commit it immediately!

--------------------------------------------------
Note added at 2003-08-02 21:32:53 (GMT)
--------------------------------------------------

Gefährdungsdelikt is contrasted with Verletzungsdelikt. It is enough if the risk of harm arises, whereas with V. the injury has to be done.
Abstrakte Gd require no concrete endangering of an object of legal protection - they just punish the dangerous nature of the act. e.g. drunken driving.
Concrete Gd could be drunken driving *in traffic*, where you are specifically endangering someone. Or something like that.

Margaret Marks
United Kingdom
Local time: 06:45
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 769
Grading comment
Thanks Margaret...excellent explanation. As you suggested, I've kind of paraphrased it. Thanks also to Terranova and Kim.

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Thanks for the explanation. Offence by commission was as clear as mud.
39 mins

disagree  Maureen Holm, J.D., LL.M.: Yikes!!! Verleumdung is a TORT, NOT AN OFFENSE !!!!
3 days 20 hrs
  -> In German law, it's a crime. Strafgesetzbuch! Since it's an offence in German law, it would be wrong to change that in English StGB § 187

agree  KirstyMacC (X): Offence - note the British spelling - can be both a civil or criminal wrong: a tort or a crime e.g. in the UK where there can be liability by commission = misfeasance, but none by omission: nonfeasance, though statutory exceptions.
7 days
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