Grund und Grenzen der strafbaren Beteiligung durch Unterlassen

The author addresses the controversial issue of participation through omission. Starting from a philosophy of freedom that connects to Kant and Fichte, he develops an interpersonal concept of injustice and a corresponding theory of participation, which already incorporates the particularity of the harm caused by the inactive guarantor. Such a unified theory of participation, applicable equally to action and omission, is to be specified using norm theory: The perpetrator violates a behavioral norm of perpetration, the protective purpose of which lies precisely in preventing the occurrence of the factual result, while the participant violates a behavioral norm of participation aimed at reducing the risk of the principal act. Accordingly, the author develops a nuanced solution to the initial question based on the content of the specific legal relationship and ultimately examines the various forms of participation through omission in detail.