tatbestandlich vorausgesetzte Absicht
English translation: intention that is an element of the case / one element on which the case rests
| 08:34 Jun 21, 2001 |
| German to English translations [Non-PRO] Law/Patents - Law (general) | ||||
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|  Selected response from: Dr. phil. Christiane Bohnert United States Local time: 21:42 | |||
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Answers
1 hr
presumed intention as defined by statutory law Explanation: "...it is sufficient that the principal offender had the presumed intention as defined by statutory law and the accessory [to the act] knows this..." HB defines Tatbestand as 'the statutory definition of an offence'. Hamblock/Wessels |
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1 hr
intention that is an element of the case / one element on which the case rests Explanation: "Tatbestand" is the cluster of elements by which the "Rechtswidrigkeit" of a deed is recognized (see Creifelds, "Straftat," p.1265). Thus, the "tatbestandlich vorausgesetzte Absicht" is an intention that is one element marking the illegality of the deed. Perhaps one could also say that this intention is one of the elements with which the case (and in turn the judgment) will rest. Hope this helps. Good luck, Christiane Creifelds, Rechtsw�rterbuch, 16th ed., Beck Vlg., 2000 |
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4 hrs
the intent as required by the statute Explanation: In criminal law (also in tort law) the proper English term for "Absicht" is "intent" (see among others: Black's Law Dictionary). As the previously given suggestions correctly point out, "tatbestandlich" refers to the factual elements a statute requires to be present in order that a perpetrator can be convicted of the specific crime (so-called "Tatbestandsmaessigkeit" - in addition to the general crime elements of "Rechtswidrigkeit" and "Schuld"). Therefore, I would suggest to translate the term "tatbestandlich vorausgesetzte" as "as required by the statute". Black's Law Dictionary and own experience |
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10 hrs
factually presupposed intention Explanation: e.g. intention presumed from the facts of the case. HTH a little Dietl |
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