BGH Clarifies Intent to Appropriate in Data Offenses, Overturns Robbery Conviction
The Federal Court of Justice (BGH) has clarified the intent to appropriate in data-related offenses, overturning a robbery conviction and sending the case back for retrial. The ruling emphasizes the crucial role of intent in such cases.
The BGH ruled that merely intending to inspect or delete data from a mobile phone does not constitute the intent to appropriate, necessary for a robbery conviction under Section 252 of the Criminal Code (StGB). In a recent case, the court criticized the assumption that putting a phone in one's pocket indicates intent to appropriate, as it could also be a temporary securing measure for data inspection.
The BGH also confirmed that data deletion can still constitute appropriation in individual cases, and data offenses should be examined separately. However, in the reviewed case, the intent to keep the smartphone beyond the time needed for data inspection was not proven, leading to the overturn of the robbery conviction. Criminal lawyer Jens Ferner stressed the central importance of the offender's intent in evidence evaluation and the need to distinguish between criminal theft and non-theft-relevant actions.
The BGH's ruling serves as a reminder that intent to appropriate is a key element in data-related offenses. Prosecutors must prove this intent beyond reasonable doubt to secure a conviction for robbery. The case has been referred back to the Regional Court of Essen for a new trial.
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