Vermögensverfügungen Dritter im Betrugstatbestand.

This work addresses the issue of the potential distinction between the deceived and the harmed party in cases of fraud, as recognized by the prevailing legal opinion, and the highly controversial question of which individuals can dispose of another's property under what conditions according to § 263 of the German Criminal Code (StGB). It examines both triangular fraud concerning tangible items, focusing on the differentiation from theft by indirect perpetration, as well as triangular fraud in relation to claims and rights through several characteristic case groups.

The author engages deeply with the views represented in jurisprudence and legal scholarship (particularly the authority or empowerment theory, the theory of actual proximity or actual influence, and the storage theory) and rejects them individually as too narrow, too broad, or too vague.

By considering the systematic classification of § 263 StGB within the framework of property offenses and comparing cases of potential triangular fraud with similarly situated civil law scenarios of acquisition from a non-entitled party and unauthorized management, a completely new formula is developed. This formula allows for a proper determination of when the property-damaging, deception-induced behavior of third parties constitutes a disposal of property.