Grundfragen des Rücktritts vom Versuch in Theorie und Praxis

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Frontmatter includes the foreword, table of contents, bibliography, and list of abbreviations. The introduction presents an overview of the jurisprudence surrounding withdrawal. The first part discusses contradictory and unjust decisions, alongside the evolution of case law. The second part delves into the theoretical foundations of the withdrawal privilege, examining previous explanations, critically assessing various justification approaches, and presenting a new conception of withdrawal. It addresses objections to the general "guilt solutions" and evaluates the classification of withdrawal outside the realm of guilt. The third part distinguishes between "incomplete" and "completed" attempts, exploring the historical development of this doctrine, and clarifying the scope of withdrawal from "incomplete" attempts. It considers the significance of an objectively existing "risk of success" in this distinction and presents a personal stance on the matter. The fourth part focuses on the determination of the characteristic "voluntary," asserting its role as a fundamental requirement for any guilt-free withdrawal. It reviews case law regarding the "voluntariness" of withdrawal, summarizes findings, and analyzes literature on the topic. Additionally, it critiques psychological interpretations of voluntariness and discusses the evaluation of "voluntary" withdrawal as a reflection of lawful intent. The appendix concludes the work.