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tatbestandsmässige v. rechtswidrige

English translation: satisfying the definition/elements of an offence / unlawful

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:tatbestandsmässige v. rechtswidrige
English translation:satisfying the definition/elements of an offence / unlawful
Entered by: Bryan Saliamonas
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17:31 Oct 29, 2005
German to English translations [PRO]
Law/Patents - Law (general) / personal injury
German term or phrase: tatbestandsmässige v. rechtswidrige
This case involves one soccer player suing another for injuring him on the field.
It is purely a civil matter.

Es lässt offen, ob die Teilnahme am Spiel derartige Verletzungen als "sozial-adäquat", d.h. entweder nicht einmal als tatbestandsmässige oder wenigstens nicht als rechtswidrige Körperverletzung erscheinen lässt, oder ob ein Handeln auf eigene Gefahr anzunehmen sei oder ob schliesslich dadurch die Schuldhaftung modifiziert werde.

Now I have it down as:
"It does not decide whether participation in the game makes such injuries appear "socially appropriate", i.e. either not a wrongful bodily injury or at least not an illegal one, or whether an assumption of risk should be presumed, or whether this ultimately affects the negligence analysis.
Bryan Saliamonas
United States
Local time: 09:36
satisfying the definition/elements of an offence / unlawful
Explanation:
It leaves open whether the fact that the defendant was taking part in a game makes such injuries 'socially acceptable' (or whatever), that is, either means that they do not qualify as criminal offences at all, or, although constituting bodily harm and satisfying the definition of an offence, are nevertheless excused because they are not unlawful. -
A criminal offence in Germany has to be tatbestandsmässig (satisfying the definition of an offence in the statutes), rechtswidrig (unlawful) and schuldhaft (committed with full criminal responsibility). Nicht rechtswidrig would include a police officer killing someone unavoidably in the course of duty. - It may be a civil matter, but they are talking about criminal law terms (a deed can be both a crime and a tort). And they are using technical terms of the criminal law. If it is a civil case, as you say, they are probably saying 'This civil case doesn't help as case-law on the question of criminal offences in sport'.
Selected response from:

Margaret Marks
United Kingdom
Local time: 14:36
Grading comment
Thanks, Margaret, for your invaluable explanation.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2satisfying the definition/elements of an offence / unlawfulMargaret Marks
4{civil} battery on the facts/factual matrix/ vs. unlawful battery (AE & BE)xxxAdrian MM.
3actual bodily harm vs. assault
Victor Dewsbery


  

Answers


52 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
tatbestandsmässige v. rechtswidrige
actual bodily harm vs. assault


Explanation:
... and while I'm here, I would suggest "liability" for Schuldhaftung (I don't see where you get your negligence analysis from).

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Note added at 57 mins (2005-10-29 18:29:00 GMT)
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Another term you might like to consider is "grievous bodily harm" (i.e. serious injury caused deliberately, which is an offence in the UK punishable by imprisonment, in some cases even life imprisonment).
I have found these terms in the "Oxford Dictionary of Law", but you will need to decide how they fit in your context.

--------------------------------------------------
Note added at 1 hr 4 mins (2005-10-29 18:36:43 GMT)
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Look at http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/issues/volume...
It is an article about a footballer causing serious injury by a deliberate attack during a game. Extract:
"The most serious legal action that Keane could find himself involved with is being prosecuted for assaulting Haaland.9 In this context, assault means only that the defendant has made some intentional or reckless contact with the victim. The degree of injury caused to Haaland means that he would be likely charged under either section 18 or section 20 of the Offences Against the Person Act 1861 (OAPA) respectively for causing or inflicting grievous bodily harm to another."

Victor Dewsbery
Germany
Local time: 15:36
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 117

Peer comments on this answer (and responses from the answerer)
neutral  xxxAdrian MM.: 'It is purely a civil matter' ABH = criminal. Assault = criminal as well as a civil tort linked to battery.
3 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
tatbestandsmässige v. rechtswidrige Körperverletzung
{civil} battery on the facts/factual matrix/ vs. unlawful battery (AE & BE)


Explanation:
Actual or grievous bodily harm is a crim. not civ. off. in the UK.

Assault is the threat of imminent violence in civ. law. Battery is the actual application of force.

In the context of employment terminations, an unlawful battery can occur when a security guard forcefully removes an employee from the premises by making ...


US weblink: ... slander, public humiliation, wrongful battery, false arrest and imprisonment, negligence, failure to provide adequate security, citizen’s arrest, ...



    www.vanceglobal.com/whatwedo/ services/uniformed_protection/
    www.workplacefairness.org/ index.php?page=assault&agree=yes
xxxAdrian MM.
Local time: 15:36
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
tatbestandsmässige v. rechtswidrige
satisfying the definition/elements of an offence / unlawful


Explanation:
It leaves open whether the fact that the defendant was taking part in a game makes such injuries 'socially acceptable' (or whatever), that is, either means that they do not qualify as criminal offences at all, or, although constituting bodily harm and satisfying the definition of an offence, are nevertheless excused because they are not unlawful. -
A criminal offence in Germany has to be tatbestandsmässig (satisfying the definition of an offence in the statutes), rechtswidrig (unlawful) and schuldhaft (committed with full criminal responsibility). Nicht rechtswidrig would include a police officer killing someone unavoidably in the course of duty. - It may be a civil matter, but they are talking about criminal law terms (a deed can be both a crime and a tort). And they are using technical terms of the criminal law. If it is a civil case, as you say, they are probably saying 'This civil case doesn't help as case-law on the question of criminal offences in sport'.

Margaret Marks
United Kingdom
Local time: 14:36
Native speaker of: Native in EnglishEnglish
PRO pts in category: 256
Grading comment
Thanks, Margaret, for your invaluable explanation.

Peer comments on this answer (and responses from the answerer)
agree  gangels: good definition
1 day 15 hrs

agree  SelecTra
9 days
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