Strafgesetzbuch Paragraph 1 Account Options
"Strafgesetzbuch in der Fassung der Bekanntmachung vom (1) Die Strafe und ihre Nebenfolgen bestimmen sich nach dem Gesetz, das zur Zeit der Tat gilt. Eine Tat kann nur bestraft werden, wenn die Strafbarkeit gesetzlich bestimmt war, bevor die Tat begangen wurde. 1 StGB Keine Strafe ohne Gesetz - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE Österreich. Logo Jusline Seitentrenner Paragraf. Paragraf 1. Keine Strafe ohne Gesetz. [1. Januar ]. § 1. Keine Strafe ohne Gesetz. Eine Tat kann nur bestraft werden, wenn die Strafbarkeit gesetzlich. 2a 2b 10 1 11 12 1 13 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 20a 21 1 22 1 23 1 (a) 82 (e); 83 (a) 1 (e) bedeutet, daß der Paragraph neu eingefügt wurde, (a).
StGB setzt zwar eine Täu- 1 Vgl. etwa Mezger, Strafrecht II, 7. Aufl., S. (Wahrheit und Treu und Glauben); Hafter, Strafrecht, S. Anm. 1 (Treu und. 2a 2b 10 1 11 12 1 13 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 20a 21 1 22 1 23 1 (a) 82 (e); 83 (a) 1 (e) bedeutet, daß der Paragraph neu eingefügt wurde, (a). "Strafgesetzbuch in der Fassung der Bekanntmachung vom (1) Die Strafe und ihre Nebenfolgen bestimmen sich nach dem Gesetz, das zur Zeit der Tat gilt. If placement in a psychiatric hospital has click the following article declared disposed of in accordance with section 67d 6 on account of the condition leading to a lack of criminal responsibility or diminished responsibility on which the order was based not existing at the time of that declaration, the court may subsequently order preventive detention. An especially serious case typically occurs where offenders 1. Section Correction of false testimony. Views Read Edit 88 Riches - Video Slots history. Section d Preferential treatment of debtors. Section Attempt to abet false testimony. Section 80a Incitement to crime of aggression. Section c Preferential treatment of creditors. Section Especially serious offences against environment.
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 if 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 aircraft. Regardless of which law is applicable at the place where the offence 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 carry the national insignia of the Federal Republic of Germany.
Section 5 Offences committed abroad with specific domestic connection. Regardless of which law is applicable at the place where the offence was 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. An offence is deemed to have been committed at the time when 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 act is not a criminal offence according to the law of the place of its commission.
Section 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 unavoidable.
If the mistake was avoidable, the penalty may be mitigated pursuant to section 49 1. Section 18 More severe penalty based on specific results of offence.
If the law imposes a more severe penalty based on a specific result of an offence, the offender or the participant is only liable to the more severe penalty in the event of being charged with at least negligence with respect to that result.
Section 19 Lack of criminal responsibility of children. Whoever is under 14 years of age at the time of the commission 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 such 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. Section 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. Whoever, 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, upon 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 Necessity 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 existence of a special legal relationship; the penalty may, however, be mitigated pursuant to section 49 1 , unless the offender was required to accept 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 36 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 provided 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.
A daily rate is set at no less than 1 euro and no more than 30, euros. 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 for 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 international 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. If more than one driving ban becomes final at the same time, the duration of the ban which was imposed first runs first, and if the driving bans were ordered at the same time, the time of the earlier offence is decisive.
Section 45 Loss of ability to hold public office, to vote and 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. Section 46 General principles.
The following, in particular, may be taken into consideration:. Section 46a Victim—offender mediation, restitution.
Section 46b Contributing to discovery or prevention of serious crimes. In order to determine whether an offence is punishable by an increased minimum sentence of imprisonment, only aggravations for especially serious cases are taken into account but no mitigations.
If the offender participated in the act, the contribution made to its detection in accordance with sentence 1 no. Instead of reducing the sentence, the court may dispense with imposing a penalty if the threatened penalty for the offence is only a determinate sentence of imprisonment and the offender would not be sentenced to a term exceeding three years.
Section 47 Short terms of imprisonment only as exception. Section 49 Special mitigating circumstances established by law.
Imprisonment for life is substituted by imprisonment for a term of at least three years. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum sentence may be imposed.
In case of a fine, the same applies to the maximum number of daily rates. Any increased minimum statutory term of imprisonment is reduced as follows:.
Section 50 Multiple mitigating circumstances. A circumstance which, alone or together with other circumstances, justifies the assumption that the case is a less serious one and which simultaneously represents a special statutory mitigating circumstance as referred to in section 49 may only be considered once.
Section 51 Crediting of time spent in remand detention. Subsection 1 applies accordingly to any other deprivation of liberty suffered abroad.
Where a foreign penalty or deprivation of liberty is to be credited, the court determines the rate at its discretion. To that end, the taking into custody, securing or seizure of the driving licence section 94 of the Code of Criminal Procedure is equivalent to provisional disqualification from driving.
Title 3 Fixing of penalties for multiple offences. Section 52 Several offences committed by one act.
The penalty may not be more lenient than the other applicable statutes permit. Section 53 Joinder of offences.
The court may, however, impose a separate fine; where a fine is to be imposed in such cases for more than one offence, an aggregate fine is imposed.
Section 54 Fixing of aggregate sentence. In all other cases, the aggregate sentence is fixed by increasing the most severe individual sentence incurred and, in the case of different kinds of penalties, by increasing the sentence which is most severe in nature.
The person of the offender and the individual offences are considered in their totality. In the case of determinate sentences of imprisonment, it may not exceed 15 years and in the case of a fine daily rates.
Section 55 Subsequent fixing of aggregate sentence. The earlier conviction is the judgment in those proceedings in which the underlying findings of fact were last examined.
Title 4 Suspension of sentence on probation. Section 56 Suspension of sentence. It is not ruled out by any crediting of time spent in remand detention or another form of deprivation of liberty.
Section 56a Probation period. It may not exceed five years nor be less than two years. It may subsequently be reduced to the minimum or extended to the maximum before its expiry.
No unreasonable demands may be made of the convicted person. The court is, as a rule, only to impose a condition as required by sentence 1 nos.
Section 56d Probation services. The probation officer must inform the court about serious or persistent breaches of the conditions, directions, offers or assurances.
The court may give the probation officer instructions in regard to the functions under subsection 3.
Section 56e Subsequent decisions. The court may also make, modify or set aside decisions pursuant to sections 56b to 56d at a later date.
Section 56f Revocation of suspension of sentence. Sentence 1 no. In the cases under no. If the suspension on probation is revoked, the court may, however, credit services towards the sentence which the convicted person has rendered to comply with conditions issued under section 56b 2 sentence 1 nos.
Section 56g Remission of sentence. Section 56f 3 sentence 1 applies. The revocation may only be declared within one year after expiry of the probation period and six months after the new judgment has become final.
Section 56f 1 sentence 2 and 3 applies accordingly. Section 57 Suspension of remainder of determinate sentence of imprisonment.
If the convicted person has served at least one year of the sentence imposed before the remainder is suspended on probation, the court typically places the convicted person under the supervision and guidance of a probation officer for all or a part of the probation period.
The court is also to revoke the suspension of the sentence if, in the period between the conviction and the decision to suspend the sentence, the convicted person has committed an offence which could for factual reasons not be taken into account by the court when deciding to suspend the sentence and which would have led to a denial of such suspension had it been known at that time; the judgment in those proceedings in which the underlying findings of fact were last examined counts as the conviction.
Section 57a Suspension of remainder of imprisonment for life. Section 56a 2 sentence 1, sections 56b to 56g and section 57 3 sentence 2 and 5 sentence 2 apply accordingly.
Section 57b Suspension of remainder of aggregate sentence of imprisonment for life. If imprisonment for life has been imposed as an aggregate sentence, the individual offences are assessed collectively when determining the particular severity of guilt section 57a 1 sentence 1 no.
Section 58 Aggregate sentence and suspension of sentence. If the aggregate sentence is not suspended on probation, section 56f 3 applies accordingly.
Title 5 Warning with sentence reserved, dispensing with penalty. Section 59 Conditions for warning with sentence reserved.
A warning with sentence reserved is not permissible in addition to measures of reform and prevention. Section 59a Probation period, conditions and directions.
It may not exceed two years nor be less than one year. Section 56c 3 and 4 and section 56e apply accordingly.
Section 59b Imposition of sentence reserved. Section 59c Aggregate sentence and warning with sentence reserved. Section 60 Dispensing with penalty.
The court dispenses with imposing a penalty if the consequences of the offence suffered by the offender are so serious that the imposition of penalties would clearly be inappropriate.
This does not apply if the offender has incurred a penalty of imprisonment for a term of more than one year for the offence. Title 6 Measures of reform and prevention.
Section 62 Principle of proportionality. A measure of reform and prevention may not be ordered if it is disproportionate to the severity of the offence committed by or expected to be committed by the offender and to the degree of danger which the offender poses to society.
Measures involving deprivation of liberty. Section 63 Placement in psychiatric hospital. Section 64 Placement in addiction treatment facility.
If a person has an addiction to alcoholic drinks or other intoxicating substances and is convicted of an unlawful act which was committed in a state of intoxication or as a result of an addiction, or the person is not convicted only on account of the finding of a lack criminal responsibility or the lack of criminal responsibility cannot be ruled out on the evidence, the court is, as a rule, to order placement in an addiction treatment facility if there is a danger that said person will in future commit serious unlawful acts as a consequence of this proclivity.
Such order is only to be made if there is a sufficiently reasonable prospect that the person can be cured within the period referred to in section 67d 1 sentence 1 or 3 by way of placement in an addiction treatment facility or that a relapse into addictive behaviour and the commission of serious unlawful acts caused by that proclivity can be prevented for a substantial period of time.
Section 66 Placement in preventive detention. Section 12 3 applies accordingly in respect of the classification of an offence under sentence 1 no.
If a person has committed two of the offences referred to in sentence 1 for each of which they have incurred a penalty of imprisonment for a term of at least two years, and if they are sentenced to imprisonment for a term of at least three years for one or more such offences, then the court may, under the conditions of subsection 1 sentence 1 no.
Subsections 1 and 2 remain unaffected. If time spent in remand detention or other deprivation of liberty is credited against a sentence of imprisonment, it is deemed to be time served for the purposes of subsection 1 sentence 1 no.
A previous offence is not considered if more than five years have elapsed between its commission and the subsequent offence; in the case of offences against sexual self-determination, this period is 15 years.
Any period during which the offender was detained in an institution by official order is not included is not taken into account.
An offence adjudicated outside the territorial scope of this statute is deemed to be equivalent to an offence adjudicated within the territorial scope of this statute if it would represent an offence of the type referred to in subsection 1 sentence 1 no.
Section 66a Preventive detention reserved. Section 66b Subsequent order of preventive detention.
If placement in a psychiatric hospital has been declared disposed of in accordance with section 67d 6 on account of the condition leading to a lack of criminal responsibility or diminished responsibility on which the order was based not existing at the time of that declaration, the court may subsequently order preventive detention where.
This also applies where, following a period of placement pursuant to section 63, a sentence of imprisonment imposed at the same time is to be enforced in full or in part.
Section 66c Organisation of preventive detention and preceding imprisonment. Section 67 Sequence of enforcement.
When making the order for placement in an addiction treatment facility in addition to imprisonment for a term of at least three years, the court is, as a rule, to order that a part of the sentence be enforced before the measure.
That part of the sentence is to be calculated in a manner which enables a decision under subsection 5 sentence 1 to be made after the part of the sentence and the measure have been enforced.
The court may also subsequently make the order under subsection 2 sentence 4. A measure is, as a rule, not credited against a sentence of the separate criminal conviction where the underlying offence has been committed after the measure was ordered.
Subsection 5 sentence 2 applies accordingly. Section 67a Transfer to another measure. Subsequent transfer may be ordered where the conditions of subsection 1 are met and the transfer is indicated for the purposes of carrying out medical or addiction treatment, including for those persons who are still serving a sentence of imprisonment and whose preventive detention has been ordered or reserved.
Further, the court may set aside a decision made in accordance with subsection 2 if it subsequently transpires that enforcing the measures referred to in subsection 1 will not lead to the desired result.
In the case under subsection 2 sentence 2, up until enforcement of the measure commences the court is required to carry out a review at regular intervals of no more than one year as to whether the conditions for a decision under subsection 3 sentence 2 are met.
Section 67b Simultaneous suspension of measure. Suspension is not to be ordered if the person still has to serve a sentence of imprisonment which was imposed at the same time as the measure and which has not been suspended on probation.
Section 67c Deferred start of placement. The review under sentence 1 no. Any period during which the offender was detained in an institution by official order is not taken into account.
The court orders enforcement if the purpose of the placement still so requires. If the purpose of the placement has not been achieved yet special circumstances justify the expectation that it may be achieved by suspending enforcement, the court suspends the measure on probation; the order for suspension automatically leads to the supervision of conduct.
If the purpose of the measure has been achieved, the court declares it disposed of. Section 67d Period of placement. This term runs from the start of the measure.
Where a measure involving deprivation of liberty is enforced before a sentence of imprisonment imposed at the same time, the maximum period is extended by the length of the term of imprisonment to the extent that the time spent in the measure is credited against the sentence.
The same applies if, after enforcement of preventive detention has begun, the court finds that its further enforcement would be disproportionate because the preventive detainee was not offered sufficient support within the meaning of section 66c 1 no.
Suspension under sentence 1 or 2 automatically leads to the supervision of conduct. The order for release automatically leads to the supervision of conduct.
The measure is thus disposed of. Release from detention automatically leads to the supervision of conduct.
Release from an addiction treatment facility automatically leads to the supervision of conduct. Once the measure has lasted six years, its continuation is generally no longer proportionate, unless there is a danger that the detainee will, as a result of his or her condition, commit serious unlawful acts causing severe emotional trauma or physical injury to the victims or exposing the victims to the danger of severe physical injury or emotional trauma.
After 10 years of detention, subsection 3 sentence 1 applies accordingly. Release from the measure automatically leads to the supervision of conduct.
The court waives supervision of conduct if it is to be expected that the person will no longer commit any further offences even without the measure.
It is required to perform the review within specified periods. It may also set dates within the statutory limits for review before the expiry of which an application for review is inadmissible.
If the court denies suspension or disposal, the period commences anew with that decision. Section 67f Multiple orders. If the court orders placement in an addiction treatment facility, any previous such order is deemed to be disposed of.
Section 67g Revocation of suspended measures. Section 67h Limited order for measure to take effect; crisis intervention.
Under the conditions of sentence 1, it may order the renewal of the measure or extend its duration; the maximum duration of the measure may not exceed a total of six months.
Section 67g 4 applies accordingly. Section 68a Supervisory authority, probation service, forensic outpatient service.
Moreover, the staff of the forensic outpatient service referred to in section 1 nos. In the cases under sentence 1 and sentence 2 nos.
The court is required to precisely specify the prohibited or required conduct in its direction. Notwithstanding sentence 5, a direction under sentence 1 no.
The conditions of sentence 3 no. In derogation from sentence 3 no. The court may, in particular, direct the convicted person to receive psychiatric, psychotherapeutic or socio-therapeutic care and treatment therapy direction.
The care or treatment may be provided by a forensic outpatient service. Section 56c 3 applies accordingly, including to the direction in respect of invasive alcohol or drug tests.
Section 68c Period of supervision of conduct. The court may reduce the maximum period. If, in the cases under sentence 1 no.
Otherwise, section 68e 3 applies. Section 68b 1 sentence 4 applies accordingly to the termination of supervision of conduct.
Any time during which the person was at large, was in hiding or was detained in an institution by official order is not credited against its duration.
Section 68d Subsequent decisions; review period. Section 67e 3 and 4 applies accordingly. Section 68e Termination or stay of supervision.
In all other cases, the supervision of conduct is stayed for the period in which a person is serving a sentence of imprisonment or a measure involving deprivation of liberty.
The court sets aside any supervision of conduct which is triggered by the suspension of a measure involving deprivation of liberty if it is no longer necessary in the light of the existence of one of the circumstances indicated in sentence 1 nos.
If a new order for supervision of conduct is made in addition to an existing indeterminate order for supervision of conduct or in the case of the suspension of a measure involving deprivation of liberty, the court is to order that the new measure be dropped if it is not necessary in view of the existing one.
The termination may not be ordered before the expiry of the statutory minimum period. The court may set periods not exceeding six months before the expiry of which an application for the termination of supervision of conduct is inadmissible.
If the court refuses to set aside the supervision of conduct, it is required to once more review the setting aside of the supervision of conduct before the expiry of a further two years.
Section 68f Supervision of conduct after serving full sentence. This does not apply where a measure of reform and prevention involving deprivation of liberty is to be enforced immediately after the sentence has been served.
Section 68g Supervision of conduct and suspension on probation. Supervision of conduct does not end before the expiry of any probation period.
In this case, the probation period is not credited against the period of supervision of conduct. This does not apply if the supervision of conduct is indeterminate section 68c 2 sentence 1 or 3.
Section 69 Disqualification from driving. A further examination pursuant to section 62 is not required. A driving licence issued by a German authority is confiscated in the judgment.
Section 69a Period of disqualification. The court may order that the period of disqualification be permanent if it is to be expected that the statutory maximum period will not suffice to avert the danger which the offender poses.
If the offender has no driving licence, only a period of disqualification is ordered. In no case, however, may the period of disqualification be less than three months.
The time of a provisional disqualification ordered on account of the offence is credited against the period of the disqualification to the extent it has run following the date of pronouncement of the judgment in those proceedings in which the findings of fact on which the measure was based were last examined.
This termination may not be ordered unless the disqualification has been in effect for three months, or one year in the cases under subsection 3 ; subsection 5 sentence 2 and subsection 6 apply accordingly.
Section 69b Effect of disqualification of foreign licence. The right to drive motor vehicles in Germany lapses upon the decision becoming final.
For the duration of the period of disqualification neither a German licence may be issued nor the right to make use of the foreign licence be reinstated.
In all other cases, the loss of the right to drive and the period of disqualification is endorsed on the foreign driving licence.
Disqualification from exercising profession. Section 70 Order for disqualification from exercising profession. The disqualification order may be made in perpetuity if there is reason to believe that the statutory maximum period will not suffice to avert the danger posed by the offender.
Any period of disqualification from exercising a profession imposed on account of the act is credited against the disqualification period to the extent it has run following the date of pronouncement of the judgment in those proceedings in which the findings of fact on which the measure was based were last examined.
Section 70a Suspension of disqualification from exercising profession. Any time of a provisional disqualification is credited against the period of disqualification referred to in section 70 4 sentence 2.
The probation period is extended by any time during which a sentence of imprisonment or a measure involving deprivation of liberty imposed on or ordered against the convicted person on account of the offence was served.
Section 70b Revocation of suspension and disposal of disqualification from exercising profession.
Section 71 Independent orders. Section 72 Joinder of measures. Priority amongst a number of suitable measures is to be given to those which impose the least burden on the offender.
Before a measure has been fully enforced, the court orders enforcement of the next if its purpose still necessitates the placement.
Section 67c 2 sentences 4 and 5 applies. Section 73 Confiscation of proceeds of crime from offenders and participants.
Section 73a Extended confiscation of proceeds of crime from offenders and participants. Section 73b Confiscation of proceeds of crime from other persons.
Sentence 1 nos. Section 73c Confiscation of value of proceeds of crime. If the confiscation of a particular object is impossible due to the nature of that which was obtained or for some other reason or because confiscation of a surrogate object has not been ordered as required by section 73 3 or section 73b 3 , the court orders the confiscation of a sum of money equal to the value of that which was obtained.
The court also makes such an order in addition to confiscating an object to the extent that its value falls short of the value of that which was originally obtained.
Section 73d Calculation of value of obtained object; estimate. An amount spent or used in the commission or preparation of the unlawful act is not deducted, however, unless it was used to comply with an obligation against the injured party.
Section 73e Preclusion of confiscation of proceeds of crime or of equivalent sum of money.
Section 74 Confiscation of products of crime, means of crime or objects of crime from offenders and participants.
This also applies to confiscation which is prescribed or available under a specific provision beyond subsection 1. Section 74a Confiscation of products of crime, means of crime or objects of crime from other persons.
Where a statute refers to this provision, objects may also be confiscated in derogation from section 74 3 if, at the time of the decision, the person who owns them or has a right to them.
Section 74b Confiscation of dangerous objects. Compensation may, however, be granted in derogation from sentence 1 if it would cause undue hardship to deny it.
Section 74c Confiscation of value of products of crime, means and resources used, and objects of crime from offenders and participants.
If the court issues such an order in addition to the confiscation, the amount of the equivalent sum of money is determined based on the value of the encumbrance on the object.
Section 74d Confiscation of material and rendering unusable. At the same time, the equipment used for or intended for the production of the material which was used as a template for the reproduction or was intended as such is to be rendered unusable.
However, confiscation and rendering unusable is only ordered if. Section 74b 3 applies accordingly.
Section 74e Special provision applicable to organs and representatives. Section 14 3 applies accordingly. Section 74f Principle of proportionality.
In the cases under sections 74 to 74b and 74d, the court reserves the confiscation if its purpose can also be attained by means of a less incisive measure.
Consideration is, in particular, to be given to instructions. If the instructions are complied with, the reservation of the confiscation is revoked; otherwise, the court subsequently orders the confiscation.
If confiscation is not otherwise prescribed, it may be limited to a part of the objects. Section 75 Effects of confiscation.
In all other cases, ownership of the property or the right devolves to the state once six months have elapsed after notice has been given of the order of confiscation having become final, unless the person who owns or is entitled to the object has previously filed this right with the enforcing authority.
In the cases under section 74b, however, the court orders the expiry of these rights. In the cases under sections 74 and 74a, the court may order the expiry of the right of a third party if that third party.
Section 76 Subsequent order for confiscation of equivalent sum of money. If an order for the confiscation of an object is inadequate or unenforceable on account of one of the conditions of section 73c or 74c having arisen or becoming known after the order was made, the court may subsequently order confiscation of the equivalent sum of money.
Section 76a Independent confiscation. If confiscation is permissible, the court may independently order it subject to the conditions of sentence 1.
Confiscation is not ordered if there is no request to prosecute, authorisation to prosecute or request to prosecute from a foreign state, or if a decision with regard to said confiscation has already been taken and become final.
Under the conditions of sections 74b and 74d, the same applies to instances in which the court independently orders confiscation of a dangerous object, confiscation of material or rendering unusable.
If the confiscation of an object is ordered, ownership of the property or the right to it devolves to the state once the order becomes final; section 75 3 applies accordingly.
Offences for the purposes of sentence 1 are. Section 76b Limitation on confiscation of proceeds of crime and value of proceeds of crime.
The limitation period commences upon completion of the unlawful act through which the offender or participant has obtained something within the meaning of section 73b.
Sections 78b and 78c apply accordingly. Chapter 4 Request to prosecute, authorisation to prosecute, request to prosecute by foreign state.
Section 77 Persons entitled to file request. If a relative participated in the offence or the relationship has ceased to exist, that relative is excluded from the list of those to whom the right to file the request may pass.
Section 77a Request by superior. In the case of soldiers, the superior in the public service is the disciplinary superior officer.
If the public official or the entrusted person is the head of this authority, the state supervisory authority is entitled to file the request.
If the end of the period falls on a Sunday, a general public holiday or a Saturday, then the period ends upon the expiry of the next working day.
Section 77c Reciprocal offences. Such a request may even be filed although the period available for filing has already expired.
Section 77d Withdrawal of request. The withdrawal may be declared before the final conclusion of the proceedings. A withdrawn request cannot be filed again.
Several relatives of equal precedence may only exercise the right jointly. Whoever participated in the offence may not withdraw the complaint.
Section 77e Authorisation and request by foreign state. If the offence can be prosecuted only upon authorisation or upon a request to prosecute by a foreign state, sections 77 and 77d apply accordingly.
Chapter 5 Limitation period. Title 1 Limitation on prosecution. Section 78 Limitation period. Section 76a 2 remains unaffected.
The limitation period begins to run as soon as the offence is completed. If a result constituting an element of the offence occurs later, the limitation period begins to run as of that time.
Section 78b Stay of limitation. If the date of service of the request on the foreign state cannot be ascertained, the request is deemed to have been served one month after having been sent or handed over to the foreign state, unless the requesting authority gains knowledge of the fact that the foreign state did not in fact receive the request or only at a later point in time.
In preventive detention proceedings and independent proceedings, the limitation period is interrupted on account of those acts done to conduct the preventive detention proceedings and independent proceedings which correspond to those in sentence 1.
If the document is not immediately processed after signing, the time at which it is actually submitted for processing is decisive.
However, the prosecution is barred by limitation once double the statutory limitation period has elapsed since the time indicated in section 78a and at least three years if the limitation period is shorter than three years under special laws.
Section 78b remains unaffected. Title 2 Limitation on enforcement. Section 79 Limitation period. The limitation period is. However, a simultaneously imposed preventive detention order does not prevent the running of the limitation period for the enforcement of penalties or other measures.
Section 79a Stay of limitation. The court may, upon application by the enforcing authority, extend the period of limitation once before its expiry by one half of the statutory limitation period if the convicted person is staying in a territory from which extradition or transfer cannot be achieved.
Chapter 1 Offences against peace, high treason and endangering democratic state under rule of law.
Title 1 Offences against peace. Section 80a Incitement to crime of aggression. Whoever, within the territorial scope of this statute, incites to a crime of aggression section 13 of the Code of Crimes against International Law in public, in a meeting or by disseminating material section 11 3 incurs a penalty of imprisonment for a term of between three months and five years.
Section 81 High treason against Federation. Section 82 High treason against Land. Section 83 Preparation of high treasonous undertaking.
Title 3 Endangering democratic state under rule of law. Section 84 Continuation of political party declared unconstitutional.
The attempt is punishable. Proceedings pursuant to Article 18 of the Basic Law are equivalent to the proceedings referred to in sentence 1.
Section 85 Violation of ban on forming organisation. Section 86 Dissemination of propaganda material of unconstitutional organisations.
Section 86a Use of symbols of unconstitutional organisations. Symbols which are so similar as to be mistaken for those referred to in sentence 1 are deemed to be equivalent to them.
Section 87 Acting as secret agent for purposes of sabotage. Section 88 Anti-constitutional sabotage. Section 89 Anti-constitutional influence on Federal Armed Forces and public security forces.
Section 89a Preparation of serious violent offence endangering state. If the preparations are made outside the territory of the Member States of the European Union, the aforesaid only applies if the preparations are made by a German national or a foreign national whose livelihood is based in Germany, or the serious violent offence endangering the state so prepared is to be committed in Germany or against a German national.
If the preparations were made within the territory of another Member State of the European Union, prosecution requires authorisation by the Federal Ministry of Justice and Consumer Protection if the preparations were neither made by a German national nor the serious violent offence endangering the state so prepared was to be committed in Germany nor by or against a German national.
Section 89b Establishment of relations for purpose of committing serious violent offence endangering state. Outside the Member States of the European Union this only applies if the act of establishing or maintaining relations is committed by a German national or a foreign national whose livelihood is based in Germany.
Section 89c Financing of terrorism. Sentence 1 only applies to cases under nos. If the offence is committed outside the Member States of the European Union, this only applies if the offender is a German national or a foreign national whose livelihood is based in Germany, or the financed offence is to be committed in Germany or against a German national.
If the offence is committed on the territory of another Member State of the European Union, prosecution requires authorisation by the Federal Ministry of Justice and Consumer Protection if the offence is neither committed by a German national nor the financed offence is to be committed in Germany nor by or against a German national.
Section 90 Disparagement of Federal President. Section 90a Disparagement of state and denigration of symbols. Section 90b Anti-constitutional disparagement of constitutional organs.
Section 91 Instructions for committing serious violent offence endangering state. Section 91a Area of application.
Sections 84, 85 and 87 only apply to offences which are based on activities done within the territorial scope of this statute.
Section 92a Incidental legal consequences. In addition to imprisonment for a term of at least six months for an offence under this chapter, the court may order that the offender lose the ability to hold public office and be elected in public elections and to vote on public matters section 45 2 and 5.
Chapter 2 Treason and endangering external security. An especially serious case typically occurs where the offender. Section 95 Revealing state secrets.
Section 94 2 sentence 2 applies. Section 96 Treasonous espionage; spying out state secrets. Section 97 Divulging state secrets.
Section 97a Betrayal of illegal secrets. Whoever communicates a secret which is not a state secret on account of one of the violations indicated in section 93 2 to a foreign power or one of its intermediaries, and thereby creates the risk of serious detriment to the external security of the Federal Republic of Germany, incurs the same penalty as if they had committed treason section Section 96 1 , in conjunction with section 94 1 no.
Section 97b Betrayal based on mistaken assumption that secret is illegal. The act is typically not an appropriate means if the offender did not previously seek a remedy from a Member of the Bundestag.
This applies analogously to persons entrusted with special public service functions and to persons under a duty within the meaning of section b 2.
Section 98 Treasonous activity as agent. In especially serious cases, the penalty is imprisonment for a term of between one year and 10 years; section 94 2 sentence 2 no.
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.
Section 99 Working as agent for intelligence service. An especially serious case typically occurs where the offender communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest and.
Section Engaging in relations which endanger peace. An especially serious case typically occurs where, by committing the act, the offender creates a serious danger to the continued existence of the Federal Republic of Germany.
Section a Treasonous forgery. An especially serious case typically occurs where, by committing the act, the offender creates the risk of especially serious detriment to the external security of the Federal Republic of Germany or to its relations with a foreign power.
Section Incidental legal consequences. In addition to a sentence of imprisonment of at least six months for an intentional offence under this chapter, the court may order the loss of the ability to hold public office and be elected in public elections and to vote on public matters section 45 2 and 5.
Section 74a applies. Objects of the kind indicated in sentence 1 no. Chapter 3 Offences against foreign states.
Section Attacks against organs and representatives of foreign states. Section Desecration of flags and state symbols of foreign states.
Section a Requirements for prosecution. Offences under this chapter are only prosecuted if the Federal Republic of Germany maintains diplomatic relations with the other state, reciprocity is guaranteed and was also guaranteed at the time of the offence, a request to prosecute has been made by the foreign government and the Federal Government authorises the prosecution.
Chapter 4 Offences against constitutional organs and in context of elections and ballots. Section Coercion of constitutional organs.
Section Coercion of Federal President and members of constitutional organ. Section b Disruption of work of legislative body.
Section Disruption of electoral process. Section a Fraud in connection with elections. Whoever, in the capacity as a permissible assistant, casts a vote which is contrary to the choice of the person entitled to vote or without the person entitled to vote having expressed their choice also votes without being entitled to do so.
Section b Forgery of election documents. Section c Violation of secrecy of ballot. Whoever contravenes a provision which serves to protect the secrecy of elections with the intention of obtaining for themselves or another knowledge as to how a person voted incurs a penalty of imprisonment for a term not exceeding two years or a fine.
Section Coercion of voters. Section a Deceiving voters. Section b Bribing voters. Section c Incidental legal consequences.
In addition to a sentence of imprisonment of at least six months for an offence under sections , a, and b, the court may order the loss of the right to be elected in public elections and to vote on public matters section 45 2 and 5.
Sections to c apply to parliamentary elections, to the election of members of the European Parliament, other popular elections and ballots at the federal, federal state and local government level, to elections and ballots in subareas at federal state or local government level, as well as to direct elections in the social security system.
The signing of nomination papers or the signing of a petition for a referendum is equivalent to an election or ballot.
Section e Taking of bribes by and giving of bribes to elected officials. The following is not considered an undue advantage:. Chapter 5 Offences against national defence.
Section Avoiding draft by mutilation. Section a Avoiding draft by deception. Sections b and c repealed. Section d Disruptive propaganda against Federal Armed Forces.
Section e Sabotage against means of defence. Section f Intelligence activity endangering national security. Activities intended to inform the public within the context of normal press or radio reporting remain unaffected.
Section g Images endangering national security. However, no liability is incurred if the offender acted with the permission of a competent government agency.
Section h Recruiting for foreign armed forces. Section i Incidental consequences. In addition to a sentence of imprisonment for a term of at least one year for an offence under sections e and f, the court may order the loss of the ability to hold public office and be elected in public elections and to vote on public matters section 45 2 and 5.
Objects of the type indicated in sentence 1 no. Chapter 6 Resistance to state authority. Section Public incitement to commit offences.
The penalty may not be more severe than if the incitement had been successful subsection 1 ; section 49 1 no. Section Resistance to enforcement officers.
An especially serious case typically occurs where. This also applies if the offender mistakenly assumes that the official act is lawful.
If the offender was unable to avoid the mistake and, under the circumstances known to him or her, could not reasonably be expected to use legal remedies to defend himself or herself against the presumed unlawful official act, then the act is not punishable under this provision; if the offender could reasonably be expected to do so, the court may, at its discretion, mitigate the penalty section 49 2 or dispense with imposing a penalty pursuant to this provision.
Section Assault of enforcement officers. Section Resistance to or assault of persons equal to enforcement officers.
Persons who assault those who are rendering assistance in such situations incur a penalty pursuant to section Your request to send this item has been completed.
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