Definition of Completion (of a Criminal Offense)
Die Completion (of a Criminal Offense) is a central concept in criminal law and marks the point from which criminal conduct is considered concluded. The legal distinction between attempt and completion is fundamentally important for assessing guilt, punishment, and other legal consequences of a criminal offense. The following provides a comprehensive explanation of the various facets of the concept of completion.
General Definition and Distinction from Attempted Criminal Liability
A criminal offense is deemed complete when all statutory elements defined by a criminal law have been fulfilled by the perpetrator’s conduct. The statute specifies, within the individual criminal provisions, the point at which the punishable conduct is considered fully “realized” and thus punishable as a completed crime.
In contrast is the criminal attempt, where the perpetrator may begin to implement the statutory elements, but the conduct has not yet fulfilled all the required elements. Attempt and completion often differ by small but decisive circumstances that are of significant importance for the verdict and sentencing.
Requirements for Completion
Completion in accordance with statutory elements
The prerequisite for a completed offense is that both objective and—if required—subjective statutory elements have been fulfilled. This includes:
- Objective statutory elements: Acts, outcomes, causality, and objective attribution.
- Subjective statutory elements: For example, intent or special motives (such as the intent to appropriate in theft).
Time of Completion
The time of completion is the moment in which the last statutory element required by law has been fulfilled. This may vary depending on the type of offense:
- Result offenses: The act is considered complete as soon as it achieves the result prescribed by law (e.g., killing a person under § 212 StGB).
- Omission offenses: Here, the critical factor is the deadline within which action should have been taken.
Significance of Completion for Legal Consequences
Impact on Criminal Liability
Upon completion, the perpetrator is generally criminally liable for the completed offense. Attempted offenses are usually subject to a lesser penalty and may only be punishable in the case of felonies, not misdemeanors (§ 23 StGB). Completion expands the penalty range, and in individual cases, other ancillary consequences may apply.
Significance for Participation
With regard to participation (co-perpetration, instigation, aiding), the time of completion is decisive for distinguishing between perpetration and participation as well as differentiating between attempted and completed aiding or instigation.
Distinction from the Completion (Conclusion) of the Crime
A distinction must be made between completion und conclusion of the criminal offense. Conclusion is present when the legally wrongful conduct has ended and no legally relevant actions can follow (e.g., in theft: completion with the breaking of possession, conclusion upon securing the loot). Conclusion is particularly relevant, for example, for withdrawal from attempt (§ 24 StGB) or for possible reductions in penalty for post-offense conduct (such as active repentance).
Examples of Completion for Different Types of Offenses
Result offenses
Example: Manslaughter (§ 212 StGB): Completed upon the victim’s death.
Conduct-based offenses
Example: Unlawful entry (§ 123 StGB): Completed upon unlawfully entering the dwelling, regardless of any further consequence.
Omission offenses
Example: Failure to render assistance (§ 323c StGB): Complete when assistance is not provided although, objectively and subjectively, assistance was possible and reasonable.
Special Cases: Continuing Offenses, Result-Qualified Offenses, and More
Continuing offenses
Bei continuing offenses (e.g., unlawful detention, § 239 StGB), the offense is complete once the continuing unlawful state is established, but it continues until concluded.
Result-qualified offenses
Bei result-qualified offenses (e.g., robbery resulting in death, § 251 StGB), the underlying offense is complete upon achievement of the result. The qualification requires the occurrence of an additional, more serious result caused by the perpetrator.
Legal Relevance of Completion in Criminal Procedure Law
Commencement of Prosecution and Limitation Periods
The occurrence of completion is of great significance for the commencement of criminal prosecution und limitation periods. The limitation period for prosecution generally starts to run upon completion of the offense (§ 78a StGB).
Impact on Procedural Criminal Measures
Measures such as pre-trial detention, searches, or seizures generally require sufficient suspicion of a completed or attempted offense. The time of the offense is therefore crucial for numerous questions of criminal procedure.
Further Reading and References
- Schönke/Schröder, Commentary on the Criminal Code
- Fischer, Criminal Code, Commentary
- Roxin, Criminal Law, General Part
Summary
Die Completion of a criminal offense is a central term for determining criminal liability and has significant effects on the penalty framework, legal consequences, participation, procedural measures, and the start of limitation periods. The precise determination of when an offense is considered complete depends on statutory elements and the type of offense in question. A nuanced examination of completion allows for an appropriate application and interpretation of criminal law.
Frequently Asked Questions
When is a criminal offense considered complete?
A criminal offense is considered complete when all statutory elements of the respective offense have been fulfilled. This means the perpetrator has met all the statutory requirements necessary for criminal liability. The timing of completion does not necessarily coincide with the intended result or the actual injury to the legal interest; it suffices that the elements objectively exist. For example, in result offenses such as bodily harm (§ 223 StGB), the offense is completed with the actual physical assault, regardless of whether late effects occur. For so-called conduct-based offenses, such as unlawful entry (§ 123 StGB), the offense is completed with the active conduct, such as entering the residence against the will of the authorized person. Determining completion is especially important as it is crucial for the legal classification of the offense and any sentencing.
What is the significance of completion for attempt and withdrawal?
Completion of a criminal offense marks the boundary in criminal law between attempt and completed offense. An attempted crime generally exists when the perpetrator directly begins to commit the offense, but has not fulfilled all elements (the “offense begins”), while after completion, the act is considered concluded. Withdrawal exempting from liability under § 24 StGB is only possible as long as the offense is not complete. After completion, at most, a mitigating withdrawal from the attempt at a qualified offense (e.g., aggravated bodily harm) or active repentance for certain offenses may be relevant. Therefore, exact determination of the time of completion is central for evaluating conduct under criminal law.
How does completion differ from the conclusion of a crime?
While completion refers to the fulfillment of all statutory requirements, the conclusion of an offense relates to the time at which the criminal conduct is objectively fully completed and cannot have any further effects. This is especially relevant for the crime of obstruction of justice under § 258 StGB or the punishability of actions committed after the offense has concluded. For example, the crime of theft is completed when the object is taken, but it is only concluded once the loot is secured and execution of the offense (such as transport of the stolen goods) is finished.
How does the timing of completion affect the liability of co-perpetrators and participants?
In the context of co-perpetration (§ 25 II StGB) or participation (§§ 26, 27 StGB), the time of completion is decisive for criminal liability. An act of participation (instigation or aiding) must relate to an unlawful main offense that has at least entered the attempt stage, but is only considered concluded upon completion. Persons who become involved after completion cannot be considered participants in the offense but may be liable for receiving stolen goods or obstruction of justice. The question of completion therefore affects the legal classification and the verdict.
Are there offenses to which special rules on completion apply?
Yes, especially for continuing offenses and omission offenses, special rules apply. Continuing offenses, such as unlawful detention (§ 239 I StGB), are considered not yet concluded as long as the unlawful state continues, although the offense has already been completed. For omission offenses, completion depends on the failure to act as required and the occurrence of the statutory result. For so-called enterprise offenses, where taking steps toward fulfilling the statutory elements is already punishable, a different assessment may also apply.
What effect does completion have on the limitation periods for crimes?
Limitation generally begins under § 78a StGB with the completion of the offense, that is, when the perpetrator has fulfilled all statutory elements. For continuing offenses, the period does not begin until the offense is concluded. Precise determination of the moment of completion is thus crucial for commencement of the prosecution period and may be decisive as to whether prosecution is still possible.
What role does completion play in the judgment and sentencing?
In criminal court practice, the judgment explicitly states whether an offense was completed or only attempted, as this finding has significant consequences for sentencing. The sentencing range is generally reduced for attempts under § 23 StGB, whereas the full penalty under the applicable statute applies for completed offenses. The distinction between attempt and completion is also relevant for legal consequences such as measures for rehabilitation and public safety.
