Sep 24, 2012 20:48
11 yrs ago
2 viewers *
German term

Handlungsdelikt

German to English Law/Patents Law (general)
"§ 168 StGB ist ein ***Handlungsdelikt***, das keinen tatbestandlichen vorausgesetzten Erfolg kennt. Im Falle eines im Ausland eingerichteten Internet-Gluecksspielangebots besteht ein Handlungsort bloss im Ausland..."

It relates to Austrian law.

Proposed translations

+1
1 hr
Selected

tortious or unlawful act

I´d say
Note from asker:
Thank you very much!
Peer comment(s):

agree Gabriella Bertelmann : agree
43 mins
thank you, Gabriella !
neutral pj-ffm : Possibly "unlawful act" (not "tortious" as this is used in civil law) though I would normally translate this as "rechtswidrige Handlung"
13 hrs
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4 KudoZ points awarded for this answer. Comment: "Because of my tight deadline at the time, I chose this answer. The answers about criminal act are noted."
+1
30 mins

tort

tort = unlawful act, therefore tortious act or tort.
Note from asker:
Thank you very much!
Peer comment(s):

agree Jim Stuber (X) : agree
12 mins
neutral pj-ffm : As I understand it, a tort is a term used for civil suits and the StGB deals with criminal offences...
14 hrs
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+2
14 hrs

criminal offence

As we are in the realm of criminal law (StGB) I would strongly advise against using words like "tort" which are civil law terms.

What the sentence is saying is that section 168 of the Criminal Code establishes a criminal offence which is not premised on a particular outcome or success. The use of the word "Handlung" is simply to distinguish this offence from those that can be caused by omissions "Unterlassen"
Note from asker:
Thanks :)
Peer comment(s):

agree pj-ffm : While Handlungsdelikt can apply to both civil and criminal law, I think here Handlungsdelikt=Straftat and can thus be translated as "criminal offence", rather than stressing the point that it's an act of commission rather than omission as I did below...
1 hr
I agree completely. Of course in other contexts delikt can be tort but as you say yourself not in the context of StGB. My hunch in this context is that the author did not intend to stress commission over omission ...
agree Kim Metzger
1 hr
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+1
15 hrs

offence of commission

An offence resulting from an act of commission.

i.e. an offence committed by a positive act (action) e.g. robbing someone, as distinguished from an "Unterlassungsdelikt" which is an offence committed through an act of omission (inaction) e.g. not helping someone at the scene of a traffic accident.

Delikt = offence
Handlung = act/action/act of commission

e.g.
Article 13.3 of the Criminal Code states that if individuals who have committed a crime outside of the Azerbaijani Republic are not handed over to a foreign State and the offence (of commission or omission) is deemed a crime under the Criminal Code of the Azerbaijani Republic, they are subject to criminal prosecution in the Azerbaijani Republic.
Note from asker:
Thanks :)
Peer comment(s):

agree Paul Skidmore : this is correct. I suspect that it is unnecessary to stress commission
38 mins
Yeah, I've come to the same conclusion. I reckon "criminal offence" works best here after all.
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