Qualifikationstatbestands

English translation: the elements of a crime

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Qualifikationstatbestand
English translation:the elements of a crime
Entered by: Scribbler

09:14 Oct 29, 2004
German to English translations [PRO]
Law/Patents - Law (general) / criminal law
German term or phrase: Qualifikationstatbestands
zur Erfuellung des Qualifikationstatbestands der begangenen Koerperverletzung (s224 I Nr 4 StGB)
Scribbler
the elements of battery
Explanation:
The elements of a crime (criminal offense) are "those constituent parts of a crime which must be proved by the prosecution to sustain a conviction." Black's Law Dictionary.
Thus, you have here: the elements of battery
Or: the elements required to prove the commission of battery. (or that battery was committed).
Or you can get long winded and somewhat redundant: the fact situation required to show the elements of a committed battery.
Selected response from:

Dr. Fred Thomson
United States
Local time: 05:00
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5the elements of battery
Dr. Fred Thomson
3 +1(facts) qualifying the battery committed as an aggravated battery
Derek Gill Franßen


Discussion entries: 3





  

Answers


4 hrs   confidence: Answerer confidence 5/5
the elements of battery


Explanation:
The elements of a crime (criminal offense) are "those constituent parts of a crime which must be proved by the prosecution to sustain a conviction." Black's Law Dictionary.
Thus, you have here: the elements of battery
Or: the elements required to prove the commission of battery. (or that battery was committed).
Or you can get long winded and somewhat redundant: the fact situation required to show the elements of a committed battery.


Dr. Fred Thomson
United States
Local time: 05:00
Specializes in field
Native speaker of: English
PRO pts in category: 608

Peer comments on this answer (and responses from the answerer)
neutral  Derek Gill Franßen: POST GRADING: "Elements" is good (IMHO), but the elements of battery are in § 223 StGB; the elements of aggravated battery (or the elements qualifying the 'simple' battery as an 'aggravated' battery) are in § 224 StGB (really, it's not redundant). :-)
8 days
  -> Thanks for the in-depth info. I had not bothered to look up the applicable law.
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28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
zur Erfüllung des Qualifikationstatbestands der begangenen Körperverletzung
(facts) qualifying the battery committed as an aggravated battery


Explanation:
I didn't suggest a translation for just this word, because the it is all connected.

This word is actually something like the 'statutory' or 'legal' requirements/provisions that - if fulfilled by provable facts - will qualify an offense, for example, a "battery" (="Körperverletzung") to an "aggravated battery" (="gefährliche Körperverletzung").

Under section 224 of the German Penal Code any battery committed 'in a group of two or more persons' (="gemeinschaftlich") will be qualified as an aggravated battery. These 'requirements' or 'prerequisites' (so to speak) make up the "Qualifikationstatbestand". :-)

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Note added at 31 mins (2004-10-29 09:46:01 GMT)
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For the exact wording in your case see no. 4 here: http://dejure.org/gesetze/StGB/224.html

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Note added at 39 mins (2004-10-29 09:53:57 GMT)
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Perhaps one could use \"the corpus delicti qualifying an offense\" as an (rather abstract) translation of the individual term \"Qualifikationstatbestand\".

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Note added at 9 days (2004-11-07 11:20:01 GMT) Post-grading
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POST-GRADING: I have to disagree. The \"elements of a crime/claim/etc.\" are called \"Tatbestand\" in German. This is MORE: if you like \"elements\", then it would be \"qualifying elements (of a crime)\" in this case.

Derek Gill Franßen
Germany
Local time: 13:00
Specializes in field
Native speaker of: English
PRO pts in category: 728

Peer comments on this answer (and responses from the answerer)
agree  msherms
2 hrs
  -> Thanks Msherms.
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