Erlaubnistatbestandsirrtum
English translation: mistake of fact (important: see KudoZ discussion)
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| 07:24 Aug 10, 2006 |
| German to English translations [PRO] Law/Patents - Law (general) / Strafrecht | |||||||
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|  Selected response from: Victor Dewsbery Germany Local time: 10:00 | ||||||
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| Summary of answers provided | ||||
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| 3 +1 | mistake of fact |
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| 3 | mistake in the fact of permission |
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| 2 | mistake as to the factual requirements of a justification |
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| Discussion entries: 4 | |
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Answers
53 mins confidence: 
mistake in the fact of permission Explanation: I only give you the meaning, I don't know the English term |
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53 mins confidence:
mistake as to the factual requirements of a justification Explanation: "We are not concerned with the situation of an error about a norm or factual requirements of justification (Erlaubnis- or Erlaubnistatbestandsirrtum), in which the actor mistakenly believes he or she is entitled to act in self defence because of the legal situation or certain factual circumstances." I'm sorry, but a description is the best I can do right now (see p. 1016 (33 of the Pdf) here: http://lehrstuhl.jura.uni-goettingen.de/kambos/Person/doc/de... ). :-) |
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1 hr confidence: peer agreement (net): +1
peer agreement (net): +1mistake of fact Explanation: http://de.wikipedia.org/wiki/Erlaubnistatbestandsirrtum Der Erlaubnistatbestandsirrtum ist ein terminus technicus des deutschen Strafrechts. Der Täter hält irrig Umstände für gegeben, die, sollten sie tatsächlich vorliegen, die tatbestandlichen Voraussetzungen eines anerkannten Rechtfertigungsgrundes (z.B. Notwehr, § 32 StGB) erfüllen und dadurch sein Handeln rechtfertigen würden. http://www.answers.com/topic/mistake-of-fact Mistake of Fact An error that is not caused by the neglect of a legal duty on the part of the person committing the error, but rather consists of an unconscious ignorance of a past or present material event or circumstance, or a belief in the present existence of a material event that does not exist, or a belief in the past existence of a material event that did not exist. But beware - legal concepts never translate exactly from one legal system (i.e. country) to another, so the specific circumstances quoted in texts about them are likely to differ. To put it another way: I hope your translation of a book title (without the book content) is merely for general information purposes, and will not be construed as talking about legal loopholes etc. -------------------------------------------------- Note added at 1 day1 hr (2006-08-11 08:31:33 GMT) Post-grading -------------------------------------------------- Perhaps a long-handed version would be: "Mistake of fact which leads a person to commit an act which would be justified if the circumstances which he believes to be true were in fact true." There seem to be two key elements in the references I found: 1. a mistaken belief as to what the circumstances actually are (the mistake of fact in the literal sense). 2. an act committed in response to this belief (e.g. extreme violence against a burglar, only to find out later that the person was not a burglar) |
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