Is there a current theft?

The facts really drive me to despair… Is he still present or not?

Axel has a notebook. When he leaves his backpack unattended at the university with his notebook, Bertram takes it

Notebook out of the backpack of the Ax and puts the notebook in his backpack. He leaves so the university and

Spends it in his shared flat. The next day Axel sees the unknown Bertram with the notebook

work. When he calls him that this is his notebook, Bertram quickly packs the notebook and takes flight.

Axel storms after him, kicking him in the legs and throws him to the ground. In the fall, Bertram grazes his left hand.

Bertram's theft of the notebook is an attack on Axel's property.

Which offense do you want out?

Theft is undoubtedly to be answered in the first complex of facts (when he takes away the laptop at the university)

in the second fact complex, when he gets caught a day later, a DS can't exist because there's a missing suspect break. Because Axel already has no custody on the laptop at the time.

A theft on the part of Axel is also out of the question, since it is no stranger thing for him, since he has computer ownership.

Estimated on the injury.

It is about the presence of Bertrams attack gem. § 32 StGB at the time of Bertrams directed against Axel kick. For me, this question is already doubtful, because Axel is the one who enters

After B took the notebook, he established new custody. With regard to the theft, the offense is thus completed. However, it is only finished when the perpetrator has secured the stolen goods. Until the termination of the offense as an attack § § 32 is still present.

So when A gets B the next day, the theft is pretty much over.

If justifications of the KPV are to be discussed, § 34 should be considered next. In this case, the danger could be the thwarting of the restitution claim.

The moment the laptop disappears into a foreign backpack, the theft is complete.