By damage the legislator understands the deliberate damage or destruction of a strange thing. Apart from the theft and the fraud the damage represents one of the most frequently committed criminal offences in Germany.

The damage regulates 303 StGB in Germany "§. Damage is from the type a passing. Apart from the damage separately as facts used "§ 303a (data modification) and "§ 303b (computer sabotage), since data are not things in the sense of right. After "§ 303c in each case charges are necessary for the damage, the data modification and the computer sabotage. Furthermore the damage is a Privatklagedelikt and is incidental actionable.

In Austria these circumstances regulate "§"§ 125 and 126a to 126c StGB, in Switzerland kind 144 and 144bis.

Factual characteristics

Under the term of the thing each physical article, but also animals do not only fall. Here "§ 90a BGB does not apply. Furthermore without meaning it is whether the thing has any value. So also house remainders already destroyed can be further damaged. Also the state of aggregation (firmly, liquid, gaseously) does not play a role. With gaseous things however the definableness of the thing is necessary (gas bottle With animals "§ 17 animal law for the protection is to be still observed.

The thing must be strange. This characteristic is to be understood as with the theft: The thing is strange, if it stands not in the sole property of the author and is not abandoned.

Act actions are damaging or destroying. Damages is a not insignificant injury of the special substance. If a thing is only dirty and if it can be cleaned without large expenditure, then the thing was not damaged. That applies since the entry into force of the nine and thirtieth criminal law law of change however only to that extent, the appearance is temporarily changed not only insignificant and not only (paragraph 2). This law had the express objective to be able to seize Graffiti criminally. Whether one reached, can show only practice, exists nevertheless already now already at the Universities of doubts about the aptitudeness "§ 303 exp. 2 n. F. regarding the basiclegally required certainty.

Destroying is a so substantial damage of the thing that their useability is completely waived. To that extent this alternative course of action is unnecessary, when it is covered anyway of damaging.

The extraction of the special substance is not a damage. A strange thing to throw away or the fly letting of a bird is not punishable (whereby a minority is concerning the latter of other view). Partially to the fact it is turned off whether on a damage immediately is to be counted. So birds from southern Gefilden in Germany in the liberty might have hardly a chance of survival, with which a damage could be affirmed.

The act must happen deliberately, whereby it is already sufficient, if the author does not wish the damage of the thing, it however nevertheless considers possible and approves of (so-called contingent resolution). A negligent damage is not punishable.

The illegality ("„"… illegally"… "“) is not a factual characteristic, but only concretizing injustice.

The attempt of the damage is posed in paragraph 3 under punishment.

Competitions

The damage is frequent Begleitdelikt with the housing break-down theft. Mostly is to be proceeded here however from law unit. Concomitance arises with the crimes against the person, if a weapon is led against humans or force is exercised and the clothes are damaged.

Special facts

Data modification

The facts "§ of the 303a StGB read:

(1) Who deletes illegally data ("§ 202a exp. 2), suppressed, useless makes or changes, becomes with imprisonment up to two years or with fine punishes.

(2) The attempt is punishable.

Computer sabotage

The facts of the computer sabotage ("§ 303b StGB) read:

(1) Who disturbs a data processing, which is for a strange enterprise, a strange enterprise or an authority of substantial importance, thus that he

1. an act after "§ 303a exp. 1 commits or

2. a data-processing system or a data medium destroyed, damaged, useless makes, eliminated or changes,

with imprisonment up to five years or with fine one punishes.

(2) The attempt is punishable.

Both facts try to ensure the introduction of the new media by protection of data and data processing on criminal basis. Whether this actually succeeds was so far controversially discussed, in the literature. In particular against virus programmers this protection, however not for reasons of the facts, fails but because of determination successes lacking. Besides the determinations step frequently into conflict with the data security, so that a right-national preliminary investigation cannot be accomplished.

Qualifications

Apart from the basic facts of the damage are still three qualification facts. They differ from the basic facts beside the increased punishing frameworks above all also in the fact that they are not only pursued on request. Similarly to that in the following indicated paragraphs similar regulations in Austria by "§ 126, in Switzerland apply by kind 144.

Common-harmful damage

During "§ 303 the property of the individual (partial public property) protects, the damage of public property, if it falls under "§ the 304 StGB, with a increased punishing framework is threatened:

(1) Who illegally thes subject of the admiration existing of a church society or things, which are dedicated to the service, or tombs, public monuments, thes subject of the art, which science or the trade, which are kept in public collections or are publicly set up, or articles, which serve for the public use or for the adornment of public ways, places or plants, destroy damaged or, in the State of, with imprisonment up to three years or punished with fine.

(2) Likewise one punishes, who designated unauthorized the appearance of one in paragraph 1 thing or an article designated there not only insignificant and not only temporarily changed.

(3) The attempt is punishable.

The characteristic of the facts is here that the author can be also owners of the thing. Strange property is not protected, but the public interest in the soundness of the articles.

Destruction of buildings

The destruction of buildings is a qualification after "§ 305 StGB:

(1) Who destroys illegally building, ship, bridge, dam, a built road, railway or another building, which strange property are, totally or partly, with imprisonment up to five years or with fine one punishes.

(2) The attempt is punishable.

The rail body (also of streetcars) is to be only understood by railways. If the destruction by fire putting is committed, then the arson goes ("§"§ 306 FF. StGB) the forwards.

Destruction of important media

Even if for the fight against terrorism intended, has the destruction of important media after "§ 305a StGB a special meaning by the fact won that the vehicles of the police and the German Federal Armed Forces were equipped with a separate protection:

(1) Who illegally

1. a strange technical medium of important importance, which is for the establishment of a plant or an enterprise in the sense "§ of the 316b exp. 1 No. 1 or 2 or a plant, which serve the enterprise or the disposal of such a plant or such an enterprise, of substantial importance, or

2. a motor vehicle of the police or the German Federal Armed Forces

totally or partly destroyed, with imprisonment up to five years or with fine one punishes.

(2) The attempt is punishable.

Literature

• Ulrich Behm: Damage and Verunstaltung, Berlin 1984, ISBN 3428056442
• Thomas Gerhards: Computer criminality and damage, Cologne 1996, ISBN 3826554736
• Friedrich Geerds: Damages, Heidelberg 1983, ISBN 3811438832
• Wikipedia article "“Vandalismus"”

Articles in category "Damage"

We found here 55 articles.

Related Websites

We found here 5 related websites.

• Amazon.com: Damage (1993) : Video
  Damage, Louis Malle, Jeremy Irons, Juliette Binoche, Miranda Richardson, Rupert Graves, Ian Bannen, Peter Stormare, Gemma Clarke, Julian Fellowes, ...


• Brain Damage Online
  Pink Floyd and Roger Waters news as it happens, information, exclusive interviews, reviews, pictures, tour news, downloads and more!


• Collateral Damage
  Official site from Warner Brothers.


• Damage (1992)
  Damage - Cast, Crew, Reviews, Plot Summary, Comments, Discussion, Taglines, Trailers, Posters, Photos, Showtimes, Link to Official Site, Fan Sites.


• IMDb: Collateral Damage (2002)
  Collateral Damage - Cast, Crew, Reviews, Plot Summary, Comments, Discussion, Taglines, Trailers, Posters, Photos, Showtimes, Link to Official Site, ...