The extraction of electricity (colloquial current theft) is a criminal offence existence in the German criminal law. The passing became on 9 April 1900 by the law concerning the punishment of the extraction of electrical work (RGBl. P. 228) imported and is standardized in "§ the 248c StGB.

The introduction was necessary, in order to close a punishability gap, which pleases by a decision of the realm court over the theft of electricity became. Since after German right electricity is not therefore not propertyable a thing and, it needed its own facts, there the Subsumtion under the theft ("§ 242 StGB) against the analogy prohibition offends.

Facts

(1) Who electrical system or mechanism extracts strange electricity by means of a leader, that is not intended for the regular withdrawal of energy from the plant or mechanism, if he the action with the intention commits of appropriating the electricity or third illegally with imprisonment up to five years or with fine one punishes.

(2) The attempt is punishable.

(3) "§"§ the 247 and 248a applies accordingly.

(4) If the action with the intention, designated in paragraph 1, is committed of causing to another illegally damage then the punishment is imprisonment up to two years or fine. The act is pursued only on request.

The facts of the exp. 1 - 3 is with the Diebstahlsdelikten arranged agreeing. The strangeness, which is mentioned in exp. 1, refers to energy, which may not be inferred by the author. The term "strangely" is to be understood thus detached by the legal sense. By means of leaders it means that also by arcs, by induction or every other material will transfer the energy must. The receiving of electromagnetic waves does not fall under it, just as little the use of an electrical vehicle.

On the subjective side resolution and intentionintention intention are necessary.

Facts alternative exp. 4

Only in illegal intention to damage if the river is extracted, then the author is granted privilege. The punishing framework is then with fine or liberty withdrawal from one month to two years. The attempt of this alternative is, different than punishable with exp. 1, not. Furthermore charge is here always necessary.

Competitions

"§ 248c StGB is the more special law compared with "§ 242 StGB and always proceeds therefore the theft, unless the source of energy is stolen. If the facts "§ of the 265a StGB (obtain by devious means from achievements) are carried out, "§ 248c StGB is displaced. Between the fraud ("§ 263 StGB) and the extraction of electricity ("§ 248c StGB) no exclusivity relationship exists as with the theft.

While the facts alternative "§ of the 248c exp. 4 StGB is hardly used, the extraction of electricity became more frequently on record in the last years. With partial abstruse, but at the same time dangerous constructions try to save author cost of electricity illegaly. Thus became a case admits, in which a farmer laid a cable allegedly in his field underneath a high voltage transmission line over by induction energy to extract - which was disproved however by an attempt of the television broadcast MythBusters.

Articles in category "Extraction of electricity"

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