KudoZ home » German to English » Law (general)

Erlaubnistatbestandsirrtum

English translation: mistake of fact (important: see KudoZ discussion)

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Erlaubnistatbestandsirrtum
English translation:mistake of fact (important: see KudoZ discussion)
Entered by: Victor Dewsbery
Options:
- Contribute to this entry
- Include in personal glossary

07:24 Aug 10, 2006
German to English translations [PRO]
Law/Patents - Law (general) / Strafrecht
German term or phrase: Erlaubnistatbestandsirrtum
Erlaubnistatbestandsirrtum
Buchtitel in juristische Forschungsbericht: Michael Heuchemer: Der Erlaubnistatbestandsirrtum. Strafrechtliche Abhandlungen Neue Folge Band 157; Berlin, Duncker&Humblot 2005
Hattie Spence
Germany
Local time: 11:55
mistake 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)
Selected response from:

Victor Dewsbery
Germany
Local time: 11:55
Grading comment
I think this is the most succinct way to put this, and yes, it is for general info purposes ONLY, thank goodness!! Many thanks.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
3 +1mistake of fact
Victor Dewsbery
3mistake in the fact of permission
Regina Eichstaedter
2mistake as to the factual requirements of a justification
Derek Gill Franßen


Discussion entries: 4





  

Answers


53 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
mistake in the fact of permission


Explanation:
I only give you the meaning, I don't know the English term

Regina Eichstaedter
Local time: 11:55
Native speaker of: Native in GermanGerman
Login to enter a peer comment (or grade)

53 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
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... ).
:-)

Derek Gill Franßen
Germany
Local time: 11:55
Specializes in field
Native speaker of: English
PRO pts in category: 728
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
mistake 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)

Victor Dewsbery
Germany
Local time: 11:55
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 117
Grading comment
I think this is the most succinct way to put this, and yes, it is for general info purposes ONLY, thank goodness!! Many thanks.

Peer comments on this answer (and responses from the answerer)
agree  Margaret Marks: It's a bit too broad. Mistake as to existence of justification, perhaps. 'Mistake of fact' covers too many situations.
21 hrs
  -> Thanks for the comment. The difference in scope is the reason why I added my note about mismatch of legal concepts. // I have added an attempt at a long-handed explanation.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search