Der Rückschaufehler bei strafrechtlichen Fahrlässigkeitsbeurteilungen

The work deals with the question of the extent to which criminal negligence assessments under German criminal law are susceptible to cognitive-psychological distortions due to the so-called hindsight bias. Initially, the author identifies the characteristics of negligence that are susceptible to a hindsight bias in the various criminal law dogmatic negligence concepts. After that, she attempts to classify a hindsight bias that may arise in the criminal negligence assessment on the basis of the three-facet model by Blank et al. Finally, the concepts are examined to see whether some of them are more suitable than others to avoid distorting influences caused by the hindsight bias.