Law 5110 Study Guide - Quiz Guide: Strafgesetzbuch, Self-Defense, Actus Reus
Document Summary
Use badars three stage structure of an offence and dressler"s six conditions regarding necessity. The legal elements are fulfilled because he purposely set fire to the corn field. All 6 conditions for the justification of necessity are fulfilled therefore there is no unlawfulness. Since the second stage cannot be fulfilled there is no culpability. In this case therefore, he cannot be charged with arson in the first degree. He can not be charged with arson in the second degree either because the defendant did not act recklessly and take an unjustifiable risk. Does a have a necessity defence according to article 34 german penal code and section. 34 of the mpc is applied, a has a necessity defence because he has a reasonable belief which is a subjective justification. With regard to driving under the influence, a would not have a necessity defence because he could have let his wife drive, therefore he should be charged with drunk driving.
