Subjective Aspects of the Crime of Theft
Intent and Motivation
According to Section 263 of the German Criminal Code, theft requires the perpetrator to act intentionally and with the intent to enrich themselves, also known as the "intent to enrich." This intent must be direct and specific with regard to the enrichment.
Defining the Intent to Enrich
The intent to enrich is present when the perpetrator desires to obtain a material benefit or asset of equivalent value. This benefit can be a tangible or intangible asset, such as money, goods, or services.
This intent to enrich is an essential element of the crime of theft and distinguishes it from other offenses, such as embezzlement or fraud. It is the perpetrator's subjective motivation that determines their culpability.
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