Die Strafbarkeit des untauglichen Versuchs: Ein strafbegründender Irrtum?

'Criminal Liability for an Impossible Attempt: Caused by a Mistake of Fact? A Study on the Historical Development of the Doctrine of the Impossible Attempt and its Impunity under Current Law due to the Mistake of Fact': The criminal liability for impossible attempts is widely accepted. From a subjective point of view, it is said that the perpetrator's erroneous belief regarding the objective feasibility of the act justifies punishment, i.e. a mistake of fact. However, according to Section 16(1) of the German Criminal Code, such a mistake leads not to a finding of intent and criminal liability, but to a denial of both. Therefore, the criminal liability for impossible attempts is incompatible with applicable law.