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äußerer / innerer Tatbestand

English translation: objective (physical) / subjective (mental) elements

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:äußerer / innerer Tatbestand
English translation:objective (physical) / subjective (mental) elements
Entered by: algy
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08:34 Aug 3, 2006
German to English translations [PRO]
Law/Patents - Law (general) / fine for regulatory offence
German term or phrase: äußerer / innerer Tatbestand
Ein Absehen von bußgeldrechtlichen Maßnahmen nach § 47 Abs. 1 OWiG oder eine Verwarnung nach § 56 OWiG kamen für den vorliegenden Fall nicht in Betracht, da die Pflichtverletzung weder hinsichtlich des äußeren noch des inneren Tatbestands als noch geringfügig angesehen werden kann.

external / internal facts/circumstances presumably, but I am not clear about what the distinction involves.
algy
United Kingdom
Local time: 17:02
objective (physical) / subjective (mental) elements
Explanation:
Here is a quick (and unscientific) breakdown:

The elements that make up a violation (or neglect) of one's duty are divided into objective (or physical) elements, i.e. those that can be seen, tasted, heard, smelled, or felt, and subjective (or mental) elements, i.e. those that concern processes of the mind, such as intent or malice.

Here they are saying that neither of the two types are petty in nature, so that there was no way they could just give a warning or abstain from imposing a fine.

Source: Personal knowledge & Dietl/Lorenz (5th ed.): "objektiver (subjektiver) Tatbestand - physical (mental) elements of an offence (offense)."
:-)

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Note added at 1 hr (2006-08-03 10:34:16 GMT)
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BTW - Jalepeno's link pretty much says exactly the same thing. One might note that the theoretical rules of German criminal law that apply to misdemeanors (Vergehen) and felonies (Verbrechen) also apply to administrative offences (Ordnungswidrigkeit), even though they are regulated in a different law and are (initially) dealt with by governmental agencies instead of the 'normal' courts that hear criminal cases.
Selected response from:

Derek Gill Franßen
Germany
Local time: 18:02
Grading comment
Excellent answer, Derek. Many thanks. Thanks also to Jalapeno for the useful link.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3objective (physical) / subjective (mental) elements
Derek Gill Franßen


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
objective (physical) / subjective (mental) elements


Explanation:
Here is a quick (and unscientific) breakdown:

The elements that make up a violation (or neglect) of one's duty are divided into objective (or physical) elements, i.e. those that can be seen, tasted, heard, smelled, or felt, and subjective (or mental) elements, i.e. those that concern processes of the mind, such as intent or malice.

Here they are saying that neither of the two types are petty in nature, so that there was no way they could just give a warning or abstain from imposing a fine.

Source: Personal knowledge & Dietl/Lorenz (5th ed.): "objektiver (subjektiver) Tatbestand - physical (mental) elements of an offence (offense)."
:-)

--------------------------------------------------
Note added at 1 hr (2006-08-03 10:34:16 GMT)
--------------------------------------------------

BTW - Jalepeno's link pretty much says exactly the same thing. One might note that the theoretical rules of German criminal law that apply to misdemeanors (Vergehen) and felonies (Verbrechen) also apply to administrative offences (Ordnungswidrigkeit), even though they are regulated in a different law and are (initially) dealt with by governmental agencies instead of the 'normal' courts that hear criminal cases.

Derek Gill Franßen
Germany
Local time: 18:02
Specializes in field
Native speaker of: English
PRO pts in category: 728
Grading comment
Excellent answer, Derek. Many thanks. Thanks also to Jalapeno for the useful link.
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Changes made by editors
Aug 3, 2006 - Changes made by Steffen Walter:
Term askedäussere / innere Tatbestand » äußerer / innerer Tatbestand
Field (write-in)fine for regulatory offence » fine for regulatory offence


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