Conditional Intent in Attempted Homicide by Omission

The BGH 5. Criminal Senate issued a response decision adopting the legal view of the inquiring 4. Criminal Senate regarding conditional intent (*bedingter Vorsatz*) in attempted homicide by omission, thereby relinquishing its own prior divergent case law and affirming the 4th Senate's interpretation. This inter-senate procedure was triggered by a disagreement on how to assess the subjective element of intent when a defendant fails to act, with the 5th Senate explicitly declining to persist in its previous jurisprudence to resolve the inconsistency within the federal supreme court's criminal division. The decisive legal basis concerns the doctrinal standard for *bedingter Vorsatz* (dolus eventualis) in the context of omission offenses, specifically defining when the required risk acceptance is present for attempted homicide.