The implied threat of imminent danger to life or limb, namely the continuation of violence, can also be considered as a means of robbery. However, it is not sufficient for this to be the case that the effects of a coercive device used without the intention to remove it are still ongoing and that the perpetrator exploits this, nor does the mere exploitation of the fear caused by the previous use of force by a victim who is defenseless against the perpetrator’s influence. Rather, the current threat of further use of force must result from the overall circumstances, including the earlier use of force, i.e. the perpetrator must have declared in some form conclusively that he will break any resistance with violence against life or limb (see BGH, 4 StR 351/22). .
2023-05-13 12:43:34
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