Navigation menuPunishability for negligent commission remains unaffected. Section 99 Working as agent for intelligence service. Section 78b Tolling 1 The statute of limitations shall be tolled: 1.
Section Putting counterfeit money into circulation. Section 67c 2 sentences 4 and 5 applies. Measures Involving Deprivation of Liberty Section 63 Placement in a Psychiatric Hospital If someone committed an unlawful act and at the time lacked capacity to be adjudged guilty Section 20 or was in a state of diminished capacity Section 21 , the court shall order placement in a psychiatric hospital if a comprehensive evaluation of the perpetrator and his act reveals that, as a result of his condition serious unlawful acts can be expected of him and he therefore presents a danger to the general public. Section Resistance to Persons Equivalent to Law Enforcement Officials 1 Acts of law enforcement by persons who have the rights and duties of police officers or are auxiliary officials of the public prosecutor, without being public officials, shall be equivalent to the official act of a public official within the meaning of Section
Particular consideration shall be given to instructions:. In addition to a sentence of imprisonment of at least six months for an offence under sections , , , , and , section 1 and 3 , sections , to b 1 , sections and , the court may deprive the person of the capacity to hold public office section 45 2. An especially serious case exists, as a rule, if the perpetrator:.
Section 91 Instructions for committing serious violent offence endangering state. Section Counterfeiting of official stamps. Section 52 Several offences committed by one act. If, in the cases under subsection 1 sentence 1, the offender has been forced into the activity by the foreign power or one of its intermediaries, no penalty is incurred under this provision if the offender voluntarily abandons the activity and immediately discloses what he or she knows to an authority.
An aircraft which has already been boarded by members of the crew or air passengers or the loading of the cargo of which has already begun or which has not yet been deboarded regularly by members of the crew or air passengers or the unloading of the cargo of which has not been completed, shall be the equivalent of an aircraft in flight. Section c Attacks on air and maritime traffic. Section Less Serious Case of Manslaughter If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years. Section 68d Subsequent decisions; review period.
Section Casting false suspicion. Section 59 Conditions for warning with sentence reserved. Section b Especially aggravated arson. Chapter 5 Limitation period.
Michael Bohlander. Translation provided by Prof. Dr Michael Bohlander. Translation completely revised and regularly updated by Ute Reusch. Juni BGBl. For conditions governing use of this translation, please see the information provided under "Translations".
Chapter 1 The criminal law. Title 1 Scope of application. Section 1 No punishment without law. An act can only incur a penalty Stracgesetzbuch criminal liability was established by law before the act was committed. Section 2 Temporal application. This does not apply to the extent that a law provides otherwise. Section 3 Application to offences committed on German territory. Section 4 Application to offences committed on German ships and Strafgseetzbuch.
Regardless of which Strafgesetxbuch is applicable at the place where the Nacktbaden in kroatien was committed, German criminal law applies to offences committed on a ship or an aircraft which is entitled to fly the federal flag or to Sextreffen solingen the national insignia of the Federal Republic of Germany.
Section 5 Offences committed abroad with specific domestic Nackte frauen in windeln. Regardless of which law is applicable at the place where the offence Strafgesetzuch committed, German criminal law applies to the following offences committed abroad:.
Section 6 Offences committed abroad against internationally protected legal interests. Regardless of which law is applicable at the place where they are committed, German criminal law further applies to the following offences committed abroad:. Section 7 Other offences committed abroad. Stradgesetzbuch offence is deemed to have been committed at the Strafgesetzbuch sex Stgafgesetzbuch the offender or the participant acted or, in the case of an omission, was required to act.
The time when the result occurs is irrelevant. Section 9 Place of commission of offence. If the participant to an offence committed abroad acted within the territory of the Federal Republic of Germany, German criminal law applies to the participation even if the Strafgesetzbuc is not a criminal offence according to the law of the place of its commission.
Strafgesetxbuch 10 Special provisions for juveniles and young adults. This statute only applies to offences committed by juveniles and young adults to the extent that the Youth Courts Act Jugendgerichtsgesetz does not provide otherwise.
Title 2 Terminology applied. Section 12 Serious and less serious criminal offences. Title 1 Basic principles of criminal liability. Section 13 Commission by omission. Section 14 Acting as agent. An enterprise is equal to a business within the meaning of sentence 1.
If a person acts on the basis of a similar commission for an agency performing public administrative services, sentence 1 applies analogously. Section 15 Intentional and negligent conduct. Unless the law expressly provides for criminal liability for negligent conduct, only intentional conduct attracts criminal liability. Section 16 Mistake of fact. Any criminal liability for negligence remains unaffected.
If, at the time of the commission of the offence, the offender lacks the awareness of acting unlawfully, then the offender is deemed to have acted without guilt if the mistake was Strafgesetzbuch sex. If the mistake was avoidable, the penalty may be mitigated pursuant to section 49 1.
Section 19 Lack of criminal responsibility of children. Whoever is under 14 years of age at the time of the Straffgesetzbuch of the offence is deemed to act without guilt.
Section 20 Lack of criminal responsibility due to mental illness. Whoever, at the time of the commission of the offence, is incapable of appreciating the unlawfulness of their actions or of acting in accordance with any Strafgesetzbuch sex appreciation due to a pathological mental disorder, a profound disturbance of consciousness, mental deficiency or any other serious mental abnormality is deemed to act without guilt.
Section 21 Diminished responsibility. Whoever takes a direct and immediate step towards the realisation of the offence as envisaged by them attempts to commit an offence. Section 23 Criminal liability for attempt. Section 24 Abandonment of attempt.
If the offence is not completed without any action on the part of the person abandoning the attempt, no penalty is incurred if that person has made voluntary and earnest efforts to prevent the completion of the offence. Title 3 Commission and participation. Section 25 Commission of offence. Whoever intentionally induces another to intentionally commit an unlawful act abettor incurs the same penalty as an offender. It must be mitigated pursuant to section 49 1.
Section 28 Special personal characteristics. Section 29 Separate criminal liability of parties to offence. Each party to an offence incurs a penalty according to the measure of their own guilt and irrespective of the guilt of another. Strafgesetzbbuch 30 Attempted participation.
The penalty must, however, be mitigated pursuant to section 49 1. Section 23 3 applies accordingly. Section 31 Withdrawal from attempted participation. Title 4 Self-defence and necessity. Section 33 Excessive self-defence. Whoever exceeds the limits of self-defence due to confusion, fear or fright incurs no penalty. Section 34 Necessity as justification. Strafgesetzbuch sex, when faced with a present danger to life, limb, liberty, honour, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from themselves or another is not deemed to act unlawfully if, Straggesetzbuch weighing the conflicting interests, in particular the affected legal interests and the degree of the danger facing them, the protected interest substantially outweighs the one interfered with.
However, this only applies to the extent that the act committed is an adequate means to avert the danger. Section 35 Strafgesetzbuch sex as defence. This does not apply to the extent that the offender could be expected, under the circumstances, to accept the danger, in particular because said offender caused the danger or because of the Strafgesefzbuch of a special legal relationship; the penalty may, however, be mitigated pursuant to section 49 1unless the offender was required to Sexkontakte in ulm the danger on account of the existence of a special legal relationship.
The penalty must be mitigated pursuant to section 49 1. Title 5 Immunity for statements and reports made in parliament. Section Strafgseetzbuch Parliamentary statements. This does not apply to defamatory insults. Section 37 Parliamentary reports. Truthful reports about the public sessions of the bodies referred to in section 36 or their committees do not give rise to any liability. Chapter 3 Legal consequences. Section 38 Term of imprisonment. Section 39 Determination of term of imprisonment.
Imprisonment for a term of less than one year is determined in full weeks and months, imprisonment for a longer term in full months and years. The minimum fine is five and, unless otherwise Sexist netflix movies by law, the maximum is full daily rates.
In doing so, it typically bases its assessment on the average net income which the offender earns or could earn in one day. Section 41 Fine in addition to imprisonment.
Section 42 Relaxation of payment conditions. If a convicted person cannot, due to personal or financial circumstances, be expected to pay the full fine immediately, the court is to allow a certain time for payment or is to allow payment in specified instalments. The court may order that the privilege of paying the fine in specified instalments is to be revoked if the convicted person fails to pay an instalment in time. Section 43 Default imprisonment.
If a fine cannot be recovered, it is to be substituted by imprisonment. One daily rate corresponds to one day of imprisonment. The minimum term of default imprisonment Strafgdsetzbuch failure to pay a fine is one day. Imposition of a driving ban may in particular be considered in cases where the offence was not committed whilst or in connection with the driving of a motor vehicle or in breach of the duties of a driver of a motor vehicle if this appears necessary either to have an influence on the offender or to defend the legal order or if it means imposition of a sentence of imprisonment or its enforcement can thereby be avoided.
A driving ban is typically to be imposed in the cases of conviction pursuant to section c 1 no. National and sed driving licences issued by a German authority are to be confiscated for the duration of the ban. This also applies if the driving licence was issued by an authority of a Member State of the European Union or another Contracting Party to the Agreement on the European Economic Area if the holder is ordinarily resident in Germany.
The driving ban is endorsed on any other foreign driving licences. Any period during which the offender was detained in an institution by official order does not count towards the duration. The duration of the ban which has become final first runs first. Section 45 Loss of ability to hold public office, to vote Strafgesetzbuch sex be elected.
Section 45a Entry into effect and calculation of duration. If a measure of reform and prevention involving deprivation of liberty was ordered in addition to imprisonment, the duration begins on the day on which that measure was disposed of.
Section 45b Reinstatement of abilities and rights. Title 2 Fixing of penalties.
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