Question juridique clé
Whether a theft trap constitutes consent to the taking and excludes unlawful taking under Art. 139 StGB.
Solution extraite
Placing a prepared banknote in a wallet as a theft trap is not consent to the breach of possession and does not exclude appropriation within the meaning of Art. 139 StGB.
Motifs extraits
The victim’s setup is only a means of detecting the offender; it is not a legally relevant consent to the taking. A covert trap therefore does not negate the element of unlawful taking.