Schließt die wirksame einwilligung den tatbestand oder die rechtswidrigkeit aus?

Abstract

Since the case is handled as partially contrary to the mandatory system concerning the infringement of legal interest, and then, the impunity is still ensured through making justification, the question How is an assent regarding the criminal law to be evaluated? is considered to be somewhat problematic. This contribution concerns whether the assent excludes the case in the legal framework of "victim" or presents actually a situation regarding a justification on a whole manner only. In this context, it is the focus points of those discussions the will of holder of the legal interest and liberty of its rights. In order to propose a solution at subsequent stage, various ideas which have been represented in the doctrine are included.