Die behördliche Genehmigung im strafrechtlichen Deliktsaufbau.

The investigation addresses central aspects of the accessory nature of criminal law in relation to administrative law. The author examines the systematic classification of administrative approval (exclusion of the offense, justification, or other possible solutions) when an administrative approval suffers from deficiencies that are administratively unlawful but do not render it void.

In six chapters, the author presents the distinction between the accessory nature of administrative law and administrative acts and investigates when administrative approvals have effects on the elements of the offense or on the level of unlawfulness within the structure of criminal offenses.

The work particularly comprehensively illustrates the impact of unlawful administrative approvals on the level of the offense and their implications on the level of unlawfulness within the structure of criminal offenses. Special attention is given to cases of abusively obtained administrative approvals. The author develops a new approach regarding the unlawful yet effective administrative approval. In certain constellations, the author qualifies this approval as a ground for exclusion of criminal unlawfulness, which eliminates the criminally relevant, offense-indicative wrongdoing without denying the unlawfulness of the act from the perspective of administrative law.