Kernrechtsfrage
Whether a theft trap constitutes consent to a taking under Art. 139 StGB.
Extrahierter Entscheid
Setting a theft trap is not consent to the breach of possession and does not exclude the taking required for theft.
Extrahierte Begründung
Preparing a banknote and placing it in a wallet does not amount to valid consent to the interference with possession; therefore the conduct remains a taking within the meaning of theft law.