Law 5110 Study Guide - Quiz Guide: Mens Rea, Model Penal Code, Deontological Ethics
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No, a cannot be sentenced to 5 years because according to the principle of legality there must be no retroactive effect which also applies to cases where the sentence is raised. It also states that the law which was valid as it was during the time the crime was committed needs to be applied: what is the meaning of the thin ice principle. This was a result qualified offence (battery). art. x1 was fulfilled therefore a can be punished for the crime stated in art. X2 because his actions resulted in b having a severe head injury therefore he can be imprisoned for a maximum of 6 years. A conduct crime is where the conduct used is the offence, and there is no no required result element. So in this case, driving while under the influence is in itself the crime. According to german law, a acted intentionally (dolus directus in the 2nd degree).
