Legal error
Legal Error
§ 9 StGB deals with the legal error. A legal error exists if someone acts consciously but believes that their behavior is lawful. So, they are mistaken not about facts, but about the legal assessment. The basic principle in criminal law is: “Ignorance is no excuse.” Only if the error was unavoidable can it have an exonerating effect.
Legal error means: One believes something is allowed, although it is prohibited.
Legal Error
The legal error concerns the incorrect assessment of the legal situation. Anyone who commits an act and believes it is permitted, although it is punishable, cannot automatically invoke an excusable error.
Principle of Legal Error
The basic principle is: Ignorance does not automatically protect against punishment. A legal error is only excusable if it was unavoidable for the person concerned. If the prohibition was clearly recognizable or there was a duty to inform oneself about the legal situation, the action remains punishable.
Direct and Indirect Error of Prohibition
Direct error of prohibition exists if the perpetrator believes that their action is entirely permitted. The error thus concerns the fundamental existence of a prohibition.
Example: Someone assumes that a certain tax does not have to be paid, although the law clearly provides for an obligation.
Indirect error of prohibition exists if the perpetrator knows that their action is prohibited in itself, but believes that a justification or excuse would protect them.
Example: A person assumes to act in self-defense, although objectively there was no situation of self-defense.
Reproachability and Exculpation
A legal error is only excusable if it was not reprehensible. Reproachability exists in particular if:
- the injustice was easily recognizable to everyone,
- or if the perpetrator has not informed themselves about the legal situation despite professional or other obligations.
In other words: Excusable ignorance only exists if even a careful person would have made the error.
Practical Significance
The legal error plays a role in many criminal proceedings when defendants claim that they did not recognize the criminal liability. In practice, the following situations are particularly relevant:
- Everyday errors: Ignorance of minor legal prohibitions rarely leads to exculpation, as everyone can inform themselves.
- Professional duties: Doctors, entrepreneurs, civil servants or other professional groups have an increased duty to know the law.
- Justification errors: Those who believe they are acting in self-defense, self-help or with consent, although this is objectively not the case.
Only unavoidable errors lead to impunity, otherwise the criminal liability remains.
Select Your Preferred Appointment Now:Free initial consultationYour Benefits with Legal Assistance
A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.
Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.
Our law firm:
- examines whether and to what extent the accusation is legally sustainable,
- accompanies you through investigation proceedings and main hearing,
- ensures legally sound applications, statements, and procedural steps,
- assists in defending against or settling civil law claims,
- protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.
Peter HarlanderHarlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“
