| Criminal Code (Strafgesetzbuch, StGB) |
As promulgated on 13 November 1998 (Federal Law Gazette I, p. 945, p. 3322).
Translation provided by the Federal Ministry of Justice and reproduced with kind permission.
Table of Contents
Chapter One The Criminal Law
Title One Area of Applicability
Section 1 No Punishment Without a Law
Section 2 Temporal Applicability
Section 3 Applicability to Domestic Acts
Section 4 Applicability to Acts on German Ships and Aircraft
Section 5 Acts Abroad Against Domestic Legal Interests
Section 6 Acts Abroad Against Internationally Protected Legal Interests
Section 7 Applicability to Acts Abroad in Other Cases
Section 8 Time of the Act
Section 9 Place of the Act
Section 10 Special Provisions for Juveniles and Young AdultsTitle Two Terminology
Section 11 Terms Relating to Persons and Subject Matter
Section 12 Serious Criminal Offenses and Less Serious Criminal Offenses
Chapter Two The Act
Title One Bases of Punishability
Section 13 Commission by Omission
Section 14 Acting for Another
Section 15 Intentional and Negligent Conduct
Section 16 Mistake about Circumstances of the Act
Section 17 Mistake of Law
Section 18 More Serious Punishment Due to Particular Results of the Act
Section 19 A Child's Lack of Capacity to be Adjudged Guilty
Section 20 Lack of Capacity to be Adjudged Guilty due to Emotional Disorders
Section 21 Diminished Capacity to be Adjudged GuiltyTitle Two Attempt
Section 22 Definition of Terms
Section 23 Punishability for an Attempt
Section 24 AbandonmentTitle Three Perpetration And Incitement Or Accessoryship
Section 25 Perpetration
Section 26 Incitement
Section 27 Accessoryship
Section 28 Special Personal Characteristics
Section 29 Independent Punishability of the Participant
Section 30 Attempted Participation
Section 31 Abandonment of Attempted ParticipationTitle Four Necessary Defense And Necessity
Section 32 Necessary Defense
Section 33 Excessive Necessary Defense
Section 34 Necessity as Justification
Section 35 Necessity as ExcuseTitle Five Immunity For Parliamentary Utterances And Reports
Section 36 Parliamentary Utterances
Section 37 Parliamentary Reports
Chapter Three Legal Consequences of The Act
Title One Punishments
Section 38 Length of Imprisonment
Section 39 Determination of Terms of ImprisonmentSection 40 Imposition in Daily Rates
Section 41 Fine Collateral to Imprisonment
Section 42 Facilitation of Payment
Section 43 Default ImprisonmentSection 43a Imposition of Property Fine
Section 44 Driving Ban
Section 45 Loss of the Capacity to Hold, or be Elected to Public Office and the Right to Vote
Section 45a Entry into Force and Calculation of the Period of Loss
Section 45b Restoration of Capacities and RightsTitle Two Determination of Punishment
Section 46 Principles for Determining Punishment
Section 46a Mediation Between the Perpetrator and the Victim, Restitution for Harm Caused
Section 47 Short Terms of Imprisonment only in Exceptional Cases
Section 48 (Repealed)
Section 49 Special Statutory Mitigating Circumstances
Section 50 Concurrence of Mitigating Circumstances
Section 51 CreditingTitle Three Determining Punishment For More Than One Violation of The Law
Section 52 Act Constituting More than One Violation
Section 53 Commission of More than One Violation
Section 54 Formation of the Aggregate Punishment
Section 55 Subsequent Formation of the Aggregate PunishmentTitle Four Suspended Execution of Punishment And Probation
Section 56 Suspended Execution of Punishment
Section 56a Term of Probation
Section 56b Conditions
Section 56c Instructions
Section 56d Probation Assistance
Section 56e Subsequent Decisions
Section 56f Revocation of Suspended Execution of Punishment
Section 56g Remission of Punishment
Section 57 Suspension of the Remainder of a Fixed Term of Imprisonment
Section 57a Suspension of the Remainder of a Punishment of Imprisonment for Life
Section 57b Suspension of the Remainder of a Punishment of Imprisonment for Life as an Aggregate Punishment
Section 58 Aggregate Punishment and Suspended Execution of PunishmentTitle Five Warning With Punishment Reserved; Dispensing With Punishment
Section 59 Prerequisites for Warning with Punishment Reserved
Section 59a Term of Probation, Conditions and Instructions
Section 59b Imposition of Reserved Punishment
Section 59c Aggregate Punishment and Warning with Punishment Reserved
Section 60 Dispensing with PunishmentTitle Six Measures of Reform And Prevention
Section 61 Summary
Section 62 Principle of Proportionality Measures Involving Deprivation of Liberty
Section 63 Placement in a Psychiatric Hospital
Section 64 Placement in an Institution for Withdrawal Treatment
Section 65 (repealed)
Section 66 Placement in Preventive Detention
Section 67 Sequence of Execution
Section 67a Transfer for the Purpose of Executing Another Measure
Section 67b Suspension Simultaneous with the Order
Section 67c Delayed Commencement of the Placement
Section 67d Length of Placement
Section 67e Review
Section 67f Multiple Orders of a Measure
Section 67g Revocation of SuspensionSection 68 Prerequisites for Supervision of Conduct
Section 68a Supervisory Agency, Probation Officer
Section 68b Instructions
Section 68c Length of Supervision of Conduct
Section 68d Subsequent Decisions
Section 68e Termination of Supervision of Conduct
Section 68f Supervision of Conduct without Suspension of the Remainder of Punishment
Section 68g Supervision of Conduct, Suspension of Sentence and ProbationSection 69 Withdrawal of Permission to Drive
Section 69a Bar to Granting Permission to Drive
Section 69b Effect of Withdrawal on Foreign Permission to Drive
Section 70 Order of Prohibition of Engagement in a Profession
Section 70a Suspension of the Prohibition of Engagement in a Profession
Section 70b Revocation of the Suspension and Termination of the Prohibition of Engagement in a ProfessionSection 71 Independent Orders
Section 72 Combination of MeasuresTitle Seven Forfeiture And Confiscation
Section 73 Prerequisites for Forfeiture
Section 73a Forfeiture of the Replacement Value
Section 73b Estimation
Section 73c Hardship Provision
Section 73d Extended Forfeiture
Section 73e Effect of Forfeiture
Section 74 Prerequisites for Confiscation
Section 74a Extended Prerequisites for Confiscation
Section 74b Principle of Proportionality
Section 74c Confiscation of Replacement Value
Section 74d Confiscation of Writings and Rendering Unusable
Section 74e Effect of Confiscation
Section 74f Compensation
Section 75 Special Provision for Entities and RepresentativesSection 76 Subsequent Order of Forfeiture or Confiscation of Replacement Value
Section 76a Independent Orders
Chapter Four Criminal Complaint, Authorization, Request For Prosecution
Section 77 Persons Entitled to File a Complaint
Section 77a Complaint by a Superior in the Public Service
Section 77b Period for Filing a Complaint
Section 77c Acts Committed Reciprocally
Section 77d Withdrawal of the Complaint
Section 77e Authorization and Request for Prosecution
Chapter Five Statutes of Limitations Title One Statute of Limitations For Prosecution
Title One Statute of Limitations for Prosecution
Section 78 Period of Limitation
Section 78a Commencement
Section 78b Tolling
Section 78c InterruptionTitle Two Statute of Limitations For Execution
Section 79 Period of Limitation
Section 79a Tolling
Section 79b Extension
Chapter One Crimes against Peace, High Treason and Endangering the Democatic Rule of Law
Title One Crimes Against Peace
Section 80 Preparation of a War of Aggression
Section 80a Incitement to a War of AggressionTitle Two High Treason
Section 81 High Treason Against the Federation
Section 82 High Treason Against a Land
Section 83 Preparation of a High Treasonous Undertaking
Section 83a Active RemorseTitle Three Endangering The Democratic Rule of Law
Section 84 Continuation of a Party Which Has Been Declared to be Unconstitutional
Section 85 Violation of a Ban of an Organization
Section 86 Dissemination of Means of Propaganda of Unconstitutional Organizations
Section 86a Use of Symbols of Unconstitutional Organizations
Section 87 Activity as an Agent for the Purpose of Sabotage
Section 88 Anti-Constitutional Sabotage
Section 89 Anti-Constitutional Influence on the Federal Armed Forces and Public Security Organs
Section 90 Disparagement of the Federal President
Section 90a Disparagement of the State and its Symbols
Section 90b Anti-Constitutional Disparagement of Constitutional Organs
Section 91 Area of ApplicationTitle Four Common Provisions
Section 92 Definition of Terms
Section 92a Collateral Consequences
Section 92b Confiscation
Chapter Two Treason And Endangering External Security
Section 93 Definition of State Secret
Section 94 Treason
Section 95 Disclosure of State Secrets
Section 96 Treasonous Espionage; Gathering Information About State Secrets
Section 97 Revelation of State Secrets
Section 97a Betrayal of Illegal Secrets
Section 97b Mistaken Assumption of Betrayal of an Illegal Secret
Section 98 Treasonous Activity as an Agent
Section 99 Activity as an Agent for an Intelligence Service
Section 100 Peace-endangering Relationships
Section 100a Treasonous Falsification
Section 101 Collateral Consequences
Section 101a Confiscation
Chapter Three Crimes Against Foreign States
Section 102 Assault Against Organs and Representatives of Foreign States
Section 103 Insult to Organs and Representatives of Foreign States
Section 104 Injury to Flags or National Emblems of Foreign States
Section 104a Prerequisites for Criminal Prosecution
Chapter Four Crimes Against Constitutional Organs As Well As During Elections And Ballots
Section 105 Coercion of Constitutional Organs
Section 106 Coercion of the Federal President and Members of Constitutional Organs
Section 106a Violation of a Protected Zone
Section 106b Disturbing the Activity of a Legislative Body
Section 107 Obstruction of an Election
Section 107a Election Fraud
Section 107b Falsification of Election Papers
Section 107c Violation of the Secrecy of Elections
Section 108 Coercion of Voters
Section 108a Deception of Voters
Section 108b Bribery of Voters
Section 108c Collateral Consequences
Section 108d Area of Application
Section 108e Bribery of Members of Parliament
Chapter Five Crimes Against The National Defense
Section 109 Evasion of Military Service through Maiming
Section 109a Evasion of Military Service through Deception
Sections 109b and 109c (repealed)
Section 109d Disruptive Propaganda against the Federal Armed Forces
Section 109e Acts of Sabotage against Means of Defense
Section 109f Security-Endangering Intelligence Activities
Section 109g Security-Endangering Illustrations
Section 109h Recruiting for Foreign Military Service
Section 109i Collateral Consequences
Section 109k Confiscation
Chapter Six Resistance to State Authority
Section 110 (repealed)
Section 111 Public Incitement to Crime
Section 112 (repealed)
Section 113 Resistance to Law Enforcement Officials
Section 114 Resistance to Persons Equivalent to Law Enforcement Officials
Sections 115 to 119 (repealed)
Section 120 Freeing of Prisoners
Section 121 Mutiny by Prisoners
Section 122 (repealed)
Chapter Seven Crimes Against Public Order
Section 123 Breach of the Peace of the Home
Section 124 Serious Breach of the Peace of the Home
Section 125 Breach of the Peace
Section 125a Especially Serious Case of Breach of the Peace
Section 126 Disturbance of the Public Peace by Threatening to Commit Crimes
Section 127 Formation of Armed Groups
Section 128 (repealed)
Section 129 Formation of Criminal Organizations
Section 129a Formation of Terrorist Organizations
Section 130 Agitation of the People
Section 130a Instructions for Crimes
Section 131 Representation of Violence
Section 132 Usurpation of Office
Section 132a Misuse of Titles, Professional Designations and Insignia
Section 133 Breach of Official Custody
Section 134 Tampering with Official Announcements
Section 135 (repealed)
Section 136 Breach of Attachment; Breach of Seals
Section 137 (repealed)
Section 138 Failure to Report Planned Crimes
Section 139 Exemption from Punishment for Failure to Report Planned Crimes
Section 140 Rewarding and Approving Crimes
Section 141 (repealed)
Section 142 Unauthorized Leaving of the Scene of an Accident
Sections 143 and 144 (repealed)
Section 145 Misuse of Emergency Calls and Impairment of Means for Emergency
Section 145a Violation of Instructions during Supervision of Conduct
Section 145b (repealed)
Section 145c Violation of a Prohibition of Engagement in a Profession
Section 145d Feigning a Crime
Chapter Eight Counterfeiting of Money and Stamps
Section 146 Counterfeiting of Money
Section 147 Bringing Counterfeit Money into Circulation
Section 148 Counterfeiting of Stamps
Section 149 Preparation of the Counterfeiting of Money and Stamps
Section 150 Property Fine, Extended Forfeiture and Confiscation
Section 151 Securities
Section 152 Money, Stamps and Securities of a Foreign Currency Area
Section 152a Counterfeiting of Eurocheck Guarantee Cards and Blank Checks
Chapter Nine False Unsworn Testimony And Perjury
Section 153 False Unsworn Testimony
Section 154 Perjury
Section 155 Affirmations Equivalent to an Oath
Section 156 False Affirmations in Lieu of an Oath
Section 157 Testimonial Necessity
Section 158 Rectification of a False Statement
Section 159 Attempted Incitement of False Testimony
Section 160 Subornation of False Testimony
Section 161 and 162 (repealed)
Section 163 Negligent False Oath; Negligent False Affirmation in Lieu of an Oath
Chapter Ten Casting False Suspicion
Section 164 Casting False Suspicion
Section 165 Publication of the Conviction
Chapter Eleven Crimes Which Relate to Religion And Philosophy of Life
Section 166 Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life
Section 167 Disturbing the Practice of Religion
Section 167a Disturbing a Funeral Service
Section 168 Disturbing the Peace of the Dead
Chapter Twelve Crimes Against Personal Status, Marriage And The Family
Section 169 Falsification of Personal Status
Section 170 Violation of Maintenance Obligations
Section 171 Violation of the Duty to Provide Care or Upbringing
Section 172 Bigamy
Section 173 Sexual Intercourse between Relatives
Chapter Thirteen Crimes Against Sexual Self-determination
Section 174 Sexual Abuse of Wards
Section 174a Sexual Abuse of Prisoners, Persons in the Custody of a Public Authority, and Persons in Institutions Who are Ill or in Need of Assistance
Section 174b Sexual Abuse By Exploiting a Position in a Public Office
Section 174c Sexual Abuse By Exploiting a Counseling, Treatment or Care Relationship
Section 175 (repealed)
Section 176 Sexual Abuse of Children
Section 176a Serious Sexual Abuse of Children
Section 176b Sexual Abuse of Children Resulting in Death
Section 177 Sexual Coercion; Rape
Section 178 Sexual Coercion and Rape Resulting in Death
Section 179 Sexual Abuse of Persons Incapable of Resisting
Section 180 Promoting Sexual Acts by Minors
Section 180a Promoting Prostitution
Section 180b Trafficking in Human Beings
Section 181 Serious Trafficking in Human Beings
Section 181a Pimping
Section 181b Supervision of Conduct
Section 181c Property Fine and Extended Forfeiture
Section 182 Sexual Abuse of Youths
Section 183 Exhibitionist Acts
Section 183a Creating a Public Nuisance
Section 184 Dissemination of Pornographic Writings
Section 184a Engaging in Prohibited Prostitution
Section 184b Youth-Endangering Prostitution
Section 184c Definition of Terms
Chapter Fourteen Insult
Section 185 Insult
Section 186 Malicious Gossip
Section 187 Defamation
Section 188 Malicious Gossip and Defamation Against Persons in Political Life
Section 189 Disparagement of the Memory of Deceased Persons
Section 190 Judgment of Conviction as Proof of Truth
Section 191 (repealed)
Section 192 Insult Despite Proof of Truth
Section 193 Safeguarding Legitimate Interests
Section 194 Application for Criminal Prosecution
Section 195 to 198 (repealed)
Section 199 Insults Committed Reciprocally
Section 200 Publication of the Conviction
Chapter Fifteen Violation of The Realm of Personal Privacy And Confidentiality
Section 201 Violation of the Confidentiality of the Spoken Word
Section 202 Violation of the Confidentiality of Letters
Section 202a Data Espionage
Section 203 Violation of Private Secrets
Section 204 Exploitation of Secrets of Another
Section 205 Application for Criminal Prosecution
Section 206 Violation of the Postal or Telecommunications Confidentiality
Sections 207 to 210 (repealed)
Chapter Sixteen Crimes Against Life
Section 211 Murder
Section 212 Manslaughter
Section 213 Less Serious Case of Manslaughter
Section 214, 215 (repealed)
Section 216 Homicide upon Request
Section 217 (repealed)
Section 218 Termination of Pregnancy
Section 218a Exemption from Punishment for Termination of Pregnancy
Section 218b Termination of Pregnancy Without a Medical Determination; Incorrect Medical Determination
Section 218c Breach of Medical Duties During a Termination of Pregnancy
Section 219 Counseling of Pregnant Women in an Emergency or Conflict Situation
Section 219a Advertising for Termination of Pregnancy
Section 219b Bringing Means for Termination of Pregnancy into Circulation
Section 220 (repealed)
Section 220a Genocide
Section 221 Abandonment
Section 222 Negligent Homicide
Chapter Seventeen Crimes Against Bodily Integrity
Section 223 Bodily Injury
Section 224 Dangerous Bodily Injury
Section 225 Maltreatment of Wards
Section 226 Serious Bodily Injury
Section 227 Bodily Injury Resulting in Death
Section 228 Consent
Section 229 Negligent Bodily Injury
Section 230 Application for Criminal Prosecution
Section 231 Participation in a Brawl
Sections 232 and 233 (repealed)
Chapter Eighteen Crimes Against Personal Freedom
Section 234 Kidnapping
Section 234a Abduction
Section 235 Child Stealing
Section 236 Trafficking in Children
Sections 237 and 238 (repealed)
Section 239 Deprivation of Liberty
Section 239a Extortionate Kidnapping
Section 239b Hostage Taking
Section 239c Supervision of Conduct
Section 240 Coercion
Section 241 Threat
Section 241a Casting Political Suspicion
Chapter Nineteen Theft And Misappropriation
Section 242 Theft
Section 243 Especially Serious Case of Theft
Section 244 Armed Theft; Theft by a Gang; Theft by Burglary of a Dwelling
Section 244a Serious Theft by a Gang
Section 245 Supervision of Conduct
Section 246 Misappropriation
Section 247 Theft from Home and Family
Section 248 (repealed)
Section 248a Theft and Misappropriation of Things of Slight Value
Section 248b Unauthorized Use of a Vehicle
Section 248c Tapping of Electrical Energy
Chapter Twenty Robbery and Extortion
Section 249 Robbery
Section 250 Serious Robbery
Section 251 Robbery Resulting in Death
Section 252 Robbery-Like Theft
Section 253 Extortion
Section 254 (repealed)
Section 255 Robbery-Like Extortion
Section 256 Supervision of Conduct, Property Fine and Extended Forfeiture
Chapter Twenty-one Accessory After the Fact and Receiving Stolen Property
Section 257 Accessory After the Fact
Section 258 Obstruction of Punishment
Section 258a Obstruction of Punishment in a Public Office
Section 259 Receiving Stolen Property
Section 260 Professional Receiving Stolen Property; Receiving Stolen Property by a Gang
Section 260a Professional Receiving Stolen Property by a Gang
Section 261 Money Laundering; Concealment of Unlawfully Acquired Assets
Section 262 Supervision of Conduct
Chapter Twenty-two Fraud And Breach of Trust
Section 263 Fraud
Section 263a Computer Fraud
Section 264 Subsidy Fraud
Section 264a Capital Investment Fraud
Section 265 Abuse of Insurance
Section 265a Obtaining Benefits by Devious Means
Section 265b Credit Fraud
Section 266 Breach of Trust
Section 266a Withholding and Embezzlement of Wages or Salaries
Section 266b Misuse of Check and Credit Cards
Chapter Twenty-three Falsification of Documents
Section 267 Falsification of Documents
Section 268 Falsification of Technical Recordings
Section 269 Falsification of Legally Relevant Data
Section 270 Deception in Legal Relations through Data Processing
Section 271 Constructive False Certification
Section 272 (repealed)
Section 273 Modification of Official Identification Documents
Section 274 Suppression of Documents; Alteration of a Boundary Marker
Section 275 Preparation for Counterfeiting of Official Identification Documents
Section 276 Procuring False Official Identification Documents
Section 276a Residence Status Documents; Vehicle Documents
Section 277 Falsification of Health Certificates
Section 278 Issuing Incorrect Health Certificates
Section 279 Use of Incorrect Health Certificates
Section 280 (repealed)
Section 281 Misuse of Identification Papers
Section 282 Property Fine, Extended Forfeiture and Confiscation
Chapter Twenty-four Crimes of Insolvency
Section 283 Bankruptcy
Section 283a Especially Serious Case of Bankruptcy
Section 283b Violation of the Duty to Keep Books
Section 283c Preferential Treatment for a Creditor
Section 283d Preferential Treatment for a Debtor
Chapter Twenty-five Punishable Greed
Section 284 Unauthorized Organization of a Game of Chance
Section 285 Participation in an Unauthorized Game of Chance
Section 286 Property Fine, Extended Forfeiture and Confiscation
Section 287 Unauthorized Organization of a Lottery or Raffle
Section 288 Obstruction of the Execution of Judgment
Section 289 Recovery of the Pledge
Section 290 Unauthorized Use of Pledged Property
Section 291 Usury
Section 292 Game Poaching
Section 293 Fish Poaching
Section 294 Application for Criminal Prosecution
Section 295 Confiscation
Section 296 (repealed)
Section 297 Endangering Ships, Motor Vehicles or Aircraft with Banned Goods
Chapter Twenty-six Crimes Against Competition
Section 298 Agreements in Restriction of Competition upon Invitations to Tender
Section 299 Taking and Offering a Bribe in Business Transactions
Section 300 Especially Serious Cases of Taking and Offering a Bribe in Business Transactions
Section 301 Application for Criminal Prosecution
Section 302 Property Fine and Extended Forfeiture
Chapter Twenty-seven Damaging Property
Section 303 Damaging Property
Section 303a Alteration of Data
Section 303b Computer Sabotage
Section 303c Application for Criminal Prosecution
Section 304 Damaging Property Which Is Harmful to the Public
Section 305 Destruction of Structures
Section 305a Destruction of Important Means of Work
Chapter Twenty-eight Crimes Dangerous to The Public
Section 306 Arson
Section 306a Serious Arson
Section 306b Especially Serious Arson
Section 306c Arson Resulting in Death
Section 306d Negligent Arson
Section 306e Active Remorse
Section 306f Causing a Danger of Fire
Section 307 Causing an Explosion by Nuclear Power
Section 308 Causing an Explosion by Use of Explosives
Section 309 Misuse of Ionizing Radiation
Section 310 Preparation of a Serious Criminal Offense involving an Explosion or Radiation
Section 311 Release of Ionizing Radiation
Section 312 Defective Construction of a Nuclear Facility
Section 313 Causing a Flood
Section 314 Poisoning Dangerous to the Public
Section 314a Active Remorse
Section 315 Dangerous Interference with Rail, Ship and Air Traffic
Section 315a Endangering Rail, Ship and Air Traffic
Section 315b Dangerous Interference with Road Traffic
Section 315c Endangering Road Traffic
Section 316 Drunkenness in Traffic
Section 316a Robbery-Like Assault on the Driver of a Motor Vehicle
Section 316b Interference with Public Operations
Section 316c Assaults on Air and Sea Traffic
Section 317 Interference with Telecommunications Facilities
Section 318 Damaging Important Facilities
Section 319 Endangerment in Construction
Section 320 Active Remorse
Section 321 Supervision of Conduct
Section 322 Confiscation
Section 323 (repealed)
Section 323a Total Intoxication
Section 323b Endangering Withdrawal Treatment
Section 323c Failure to Render Assistance
Chapter Twenty-nine Crimes Against The Environment
Section 324 Water Pollution
Section 324a Soil Pollution
Section 325 Air Pollution
Section 325a Causing Noise, Vibrations and Non-ionizing Radiation
Section 326 Unauthorized Dealing with Dangerous Wastes
Section 327 Unauthorized Operation of Facilities
Section 328 Unauthorized Dealing with Radioactive Substances and Other Dangerous Substances and Goods
Section 329 Endangering Areas Requiring Protection
Section 330 Especially Serious Case of an Environmental Crime
Section 330a Serious Endangerment by Release of Poisons
Section 330b Active Remorse
Section 330c Confiscation
Section 330d Definition of Terms
Chapter Thirty Crimes in Public Office
Section 331 Acceptance of a Benefit
Section 332 Taking a Bribe
Section 333 Granting a Benefit
Section 334 Offering a Bribe
Section 335 Especially Serious Cases of Taking or Offering Bribes
Section 336 Failure to Perform an Official Act
Section 337 Compensation of Arbitrators
Section 338 Property Fine and Extended Forfeiture
Section 339 Perversion of the Course of Justice
Section 340 Bodily Injury in Public Office
Sections 341 and 342 (repealed)
Section 343 Extortion of Testimony
Section 344 Prosecution of the Innocent
Section 345 Execution against the Innocent
Sections 346 and 347 (repealed)
Section 348 False Certification in Public Office
Sections 349 to 351 (repealed)
Section 352 Overcharging of Fees
Section 353 Fiscal Overcharging; Curtailment of Benefits
Section 353a Breach of Trust in the Foreign Service
Section 353b Violation of Official Secrecy and of a Special Duty of Secrecy
Section 353c (repealed)
Section 353d Forbidden Communications about Judicial Hearings
Section 354 (repealed)
Section 355 Violation of Tax Secrecy
Section 356 Betrayal of a Party
Section 357 Subornation of a Subordinate to Commit a Crime
Section 358 Collateral Consequences
An act may only be punished if its punishability was determined by law before the act was committed.
(1) The punishment and its collateral consequences are determined by the law which is in force at the time of the act.
(2) If the threatened punishment is amended during the commission of the act, then the law shall be applicable which is in force at the time the act is completed.
(3) If the law in force upon the completion of the act is amended before judgment, then the most lenient law shall be applicable.
(4) A law, which was intended to be in force only for a determinate time, shall be applicable to acts committed while it was in force, even if it is no longer in force. This shall not apply to the extent a law provides otherwise.
(5) Subsections (1) through (4) shall apply, correspondingly, to forfeiture, confiscation and rendering unusable.
(6) Unless the law provides otherwise, decisions as to measures of reform and prevention shall be according to the law which is in force at the time of judgment.
German criminal law shall apply to acts, which were committed domestically.
German criminal law shall apply, regardless of the law of the place where the act was committed, to acts which are committed on a ship or in an aircraft, which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany.
German criminal law shall apply, regardless of the law of the place the act was committed, to the following acts committed abroad:
1. preparation of a war of aggression (Section 80);
2. high treason (Sections 81 to 83);
3. endangering the democratic rule of law:
(a) in cases under Sections 89 and 90a subsection (1), and Section 90b, if the perpetrator is a German and has his livelihood in the territorial area of applicability of this law; and
(b) in cases under Sections 90 and 90a subsection (2);
4. treason and endangering external security (Sections 94 to 100a);
5. crimes against the national defense:
(a) in cases under Sections 109 and 109e to109g; and
(b) in cases under Sections 109a, 109d and 109h, if the perpetrator is a German and
has his livelihood in the territorial area of applicability of this law;
6. abduction and casting political suspicion on another (Sections 234a, 241a), if the act is directed against a person who has his domicile or usual residence in Germany;
6a. child stealing in cases under Section 235 subsection (2), no. 2, if the act is directed against a person who has his domicile or usual residence in Germany;
7. violation of business or trade secrets of a business located within the territorial area of applicability of this law, an enterprise, which has its registered place of business there, or an enterprise with its registered place of business abroad, which is dependent on an enterprise with its registered place of business within the territorial area of applicability of this law and constitutes with it a group;
8. crimes against sexual self-determination:
(a) in cases under Section 174 subsections (1) and (3), if the perpetrator and the person, against whom the act was committed are Germans at the time of the act and have their livelihoods in Germany; and
(b) in cases under Sections 176 to 176b and 182, if the perpetrator is a German;
9. termination of pregnancy (Section 218), if the perpetrator at the time of the act is a German and has his livelihood in the territorial area of applicability of this law;
10. false unsworn testimony, perjury and false affirmations in lieu of an oath (Sections 153 to 156) in a proceeding pending before a court or other German agency within the territorial area of applicability of this law, which is competent to administer oaths or affirmations in lieu of an oath;
11. crimes against the environment in cases under Sections 324, 326, 330 and 330a, which were committed in the area of Germany's exclusive economic zone, to the extent that international conventions on the protection of the sea permit their prosecution as crimes;
11a. crimes under Section 328 subsection (2), nos. 3 and 4 subsections (4) and (5), also in conjunction with Section 330, if the perpetrator is a German at the time of the act;
12. acts, which a German public official or a person with special public service obligations commits during his official stay or in connection with his duties;
13. acts committed by a foreigner as a public official or as a person with special public service obligations;
14. acts which someone commits against a public official, a person with special public service obligations, or a soldier in the Federal Armed Forces during the discharge of his duties or in connection with his duties;
14a. bribery of a member of parliament (Section 108e) if the perpetrator is a German at the time of the act or the act was committed in relation to a German;
15. trafficking in organs (section 18 of the Transplantation Law), if the perpetrator is a German at the time of the act.
German criminal law shall further apply, regardless of the law of the place of their commission, to the following acts committed abroad:
1. genocide (Section 220a);
2. serious criminal offenses involving nuclear energy, explosives and radiation in cases under Sections 307 and 308 subsections (1) to (4),Section 309 subsection (2) and Section 310;
3. assaults against air and sea traffic (Section 316c);
4. trafficking in human beings (Section 180b) and serious trafficking in human beings (Section 181);
5. unauthorized distribution of narcotics;
6. dissemination of pornographic writings in cases under Section 184 subsection (3) and (4);
7. counterfeiting of money and securities (Sections 146, 151 and152), payment cards and blank Eurochecks (Section 152a subsections (1) to (4), as well as their preparation (Sections 149,151,152 and 152a subsection (5);
8. subsidy fraud (Section 264);
9. acts which, on the basis of an international agreement binding on the Federal Republic of Germany, shall also be prosecuted if they are committed abroad.
(1) German criminal law shall apply to acts, which were committed abroad against a German, if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement.
(2) German criminal law shall apply to other acts, which were committed abroad if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement and if the perpetrator:
1. was a German at the time of the act or became one after the act; or
2. was a foreigner at the time of the act, was found to be in Germany and, although the Extradition Act would permit extradition for such an act, is not extradited, because a request for extradition is not made, is rejected, or the extradition is not practicable.
An act is committed at the time the perpetrator or the inciter or accessory acted, or in case of n omission, should have acted. The time when the result occurs is not determinative.
(1) An act is committed at every place the perpetrator acted or, in case of an omission,
should have acted, or at which the result, which is an element of the offense, occurs or should occur according to the understanding of the perpetrator.
(2) Incitement or accessoryship is committed not only at the place where the act was committed, but also at every place where the inciter or accessory acted or, in case of an omission, should have acted or where, according to his understanding, the act should have been committed. If the inciter or accessory in an act abroad acted domestically, then German criminal law shall apply to the incitement or accessoryship, even if the act is not punishable according to the law of the place of its commission.
This law shall apply to the acts of juveniles and young adults only to the extent that the Jvenile Court Law does not provide otherwise.
(1) Within the meaning of this law:
1. a relative is whoever belongs among the following persons:
(a) relations by blood or marriage in direct line, the spouse, the fiancé, siblings, the spouses of siblings, siblings of spouses, even if the marriage upon which the relationship was based no longer exists, or when the relationship by blood or marriage has ceased to exist;
(b) foster parents and foster children;
2. a public official is whoever, under German law:
(a) is a civil servant or judge;
(b) otherwise has an official relationship with public law functions or;
(c) has been appointed to a public authority or other agency or has been commissioned to perform duties of public administration without prejudice to the organizational form chosen to fulfill such duties;
3. a judge is, whoever under German law is a professional or honorary judge;
4. a person with special public service obligations is whoever, without being a public official, s employed by, or is active for:
(a) a public authority or other agency, which performs duties of public administration; or
(b) an association or other union, business or enterprise, which carries out duties of public administration for a public authority or other agency, and is formally obligated by law to fulfill duties in a conscientious manner;
5. an unlawful act is only one which fulfills all the elements of a penal norm;
6. the undertaking of an act is its attempt and completion;
7. a public authority is also a court;
8. a measure is every measure of reform and prevention, forfeiture, confiscation and rendering unusable;
9. compensation is every consideration consisting of a material benefit;
(2) An act is also intentional within the meaning of this law, if it fulfills the statutory elements of an offense, which requires intent in relation to the conduct, even if only negligence is required as to the specific result caused thereby.
(3) Audio and visual recording media, data storage media, illustrations and other images shall be the equivalent of writings in those provisions which refer to this subsection.
(1) Serious criminal offenses are unlawful acts that are punishable by a minimum of imprisonment for one year or more.
(2) Less serious criminal offenses are unlawful acts that are punishable by a minimum of a lesser term of imprisonment or a fine.
(3) Aggravation or mitigation, which are provided under the provisions of the General Part or for especially serious or less serious cases, shall be irrelevant to this classification.
(1) Whoever fails to avert a result, which is an element of a penal norm, shall only be punishable under this law, if he is legally responsible for the fact that the result does not occur, and if the omission is equivalent to the realization of the statutory elements of the crime through action.
(2) The punishment may be mitigated pursuant to Section 49 subsection (1).
(1) If someone acts:
1. as an entity authorized to represent a legal person or as a member of such an entity;
2. as a partner authorized to represent a commercial partnership; or
3. as a statutory representative of another,
then a law, according to which special personal attributes, relationships or circumstances (special personal characteristics) forms the basis of punishability, shall also be applicable to the representative, if these characteristics do not, in deed, pertain to him, but exist as to the person represented.
(2) If the owner of a business or someone otherwise so authorized:
1. commissions a person to manage a business, in whole or in part; or
2. expressly commissions a person to perform on his own responsibility duties which are incumbent on the owner of the business,
and if this person acts on the basis of this commission, then a law, according to which special personal characteristics are the basis of punishability shall also be applicable to the person commissioned, if these characteristics do not, indeed, pertain to him, but exist as to the owner of the business. Within the meaning of Sentence 1, an enterprise is the equivalent of a business. If someone acts on the basis of a corresponding commission for an agency which performs duties of public administration, then Sentence 1 (3) Subsections (1) and (2) shall also be applicable if the legal act which was intended to form the basis of the power of representation or the agency is void.
Only intentional conduct is punishable, unless the law expressly provides punishment for negligent conduct.
(1) Whoever upon commission of the act is unaware of a circumstance which is a statutory element of the offense does not act intentionally. Punishability for negligent commission remains unaffected.
(2) Whoever upon commission of the act mistakenly assumes the existence of circumstances which would satisfy the elements of a more lenient norm, may only be punished for intentional commission under the more lenient norm.
If upon commission of the act the perpetrator lacks the appreciation that he is doing something wrong, he acts without guilt if he was unable to avoid this mistake. If the perpetrator could have avoided the mistake, the punishment may be mitigated pursuant to Section 49 subsection (1).
If the law links a more serious punishment to a particular result of the act, it affects the perpetrator or the inciter or accessory only if he can at least be charged with negligence in relation to the result.
Whoever upon commission of the act is under fourteen years of age lacks capacity to be adjudged guilty.
Whoever upon commission of the act is incapable of appreciating the wrongfulness of the act or acting in accordance with such appreciation due to a pathological emotional disorder, profound consciousness disorder, mental defect or any other serious emotional abnormality, acts without guilt.
If the capacity of the perpetrator to appreciate the wrongfulness of the act or to act in accordance with such appreciation is substantially diminished upon commission of the act due to one of the reasons indicated in Section 20, then the punishment may be mitigated pursuant to Section 49 subsection (1).
Whoever, in accordance with his understanding of the act, takes an immediate step towards the realization of the elements of the offense, attempts to commit a crime.
(1) An attempt to commit a serious criminal offense is always punishable, while an attempt to commit a less serious criminal offense is only punishable if expressly provided by law.
(2) An attempt may be punished more leniently that the completed act (Section 49a subsection (1)).
(3) If the perpetrator, due to a gross lack of understanding, fails to recognize that the attempt could not possibly lead to completion due to the nature of the object on which, or the means with which it was to be committed, the court may withhold punishment or in its own discretion mitigate the punishment (Section 49 subsection(2)).
(1) Whoever voluntarily renounces further execution of the act or prevents its completion shall not be punished for an attempt. If the act is not completed due in no part to the contribution of the abandoning party he shall not be punished if he makes voluntary and earnest efforts to prevent its completion.
(2) If more than one person participate in the act, whoever voluntarily prevents its completion will not be punished for an attempt. However his voluntary and earnest efforts to prevent the completion of the act shall suffice for exemption from punishment, if the act is not completed due in no part to his contribution or is committed independently of his earlier contribution to the act.
(1) Whoever commits the crime himself or through another shall be punished as a perpetrator.
(2) If more than one person commit the crime jointly, each shall be punished as a perpetrator (co-perpetrator).
Whoever intentionally induces another to intentionally commit an unlawful act, shall, as an inciter, be punished the same as a perpetrator.
(1) Whoever intentionally renders aid to another in that person's intentional commission of an unlawful act shall be punished as an accessory. (2) The punishment for the accessory corresponds to the punishment threatened for the perpetrator. It shall be mitigated pursuant to Section 49 subsection (1).
(1) If special personal characteristics (Section 14 subsection(1)) establishing the perpetrator's punishability are not present in relation to the inciter or accessory, then his punishment shall be mitigated pursuant to Section 49 subsection(1). (2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment, then this shall apply only to the participants (the perpetrator or the inciter or accessory) as to whom they exist.
Every participant shall be punished according to his own guilt irrespective of the guilt of the other.
(1) Whoever attempts to induce or incite another to commit a serious criminal offense shall be punished according to the provisions governing serious criminal offense attempt. However the punishment shall be mitigated pursuant to Section 49 subsection (1). Section 23 subsection (3) shall apply accordingly.
(2) Whoever declares his willingness, whoever accepts the offer of another, or whoever agrees with another to commit or incite the commission of a serious criminal offense, shall be similarly punished.
(1) Whoever voluntarily:
1. renounces the attempt to induce another to commit a serious criminal offense, and averts any existing danger that the other may commit the act;
2. after he has declared his willingness to commit a serious criminal offense, renounces his plan; or
3. after he agrees to commit a serious criminal offense, or accepts the offer of another to commit a serious criminal offense, prevents the commission of the act,
shall not be punished under Section 30.
(2) If the act does not take place due in no part to the contribution of the abandoning party, or if it is committed independently of his previous conduct, then his voluntary and earnest efforts to prevent the act suffice for exemption from punishment.
(1) Whoever commits an act, required as necessary defense, does not act unlawfully.
(2) Necessary defense is the defense which is required to avert an imminent unlawful assault from oneself or another.
If the perpetrator exceeds the limits of necessary defense due to confusion, fear or fright, then he shall not be punished.
Whoever, faced with an imminent danger to life, limb, freedom, honor, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the conflicting interests, in particular the affected legal interests and the degree of danger threatening them, the protected interest substantially outweighs the one interfered with. This shall apply, however, only to the extent that the act is a proportionate means to avert the danger.
(1) Whoever, faced with an imminent danger to life, limb or freedom which cannot otherwise be averted, commits an unlawful act to avert the danger from himself, a relative or person close to him, acts without guilt. This shall not apply to the extent that the perpetrator could be expected under the circumstances to assume the risk, in particular, because he himself caused the danger or stood in a special legal relationship; however the punishment may be mitigated pursuant to Section 49 subsection
(1), if the perpetrator was not required to assume the risk with respect to a special legal relationship.
(2) If upon commission of the act the perpetrator mistakenly assumes that circumstances exist, which would excuse him under subsection (1), he will only be punished, if he could have avoided the mistake. The punishment shall be mitigated pursuant to Section 49 subsection (1).
Members of the Bundestag (Federal Parliament), the Federal Assembly or a legislative body of a Land (constituent state), may at no time be subject to liability outside of the body because of their vote or an utterance which they made within the body or one of its committees. This shall not apply to slanderous insults.
Truthful reports about the public sessions of the bodies indicated in Section 36 or their committees remain exempt from any liability.
(1) Imprisonment is for a fixed term if the law does not provide for imprisonment for life.
(2) The maximum fixed term of imprisonment is fifteen years, the minimum, one month.
Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period, in full months and years.
(1) A fine shall be imposed in daily rates. It shall amount to at least five and, if the law does not provide otherwise, at most three hundred and sixty full daily rates.
(2) The court determines the amount of the daily rate, taking into consideration the personal and financial circumstances of the perpetrator. In doing so, it takes as a rule the average net income which the perpetrator has, or could have, in one day as its starting point. A daily rate shall be fixed at a minimum of two and a maximum of ten thousand German marks.
(3) In determining the daily rate the income of the perpetrator, his assets and other bases may be estimated.
(4) The number and amount of the daily rates shall be indicated in the decision.
If by the act the perpetrator enriched, or tried to enrich himself, then a fine, which otherwise would have been inapplicable or only optional, may be imposed collateral to imprisonment, if it is appropriate, taking into consideration the personal and financial circumstances of the perpetrator. This shall not apply if the court imposes a property fine pursuant to Section 43a.
If the convicted person, due to his personal or financial circumstances, cannot be expected to pay the fine immediately, the court shall grant him a payment deadline or allow him to pay in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments be withdrawn if the convicted person fails to pay an instalment in time.
Imprisonment is substituted for an uncollectible fine. One daily rate corresponds to one day of imprisonment. The minimum term of default imprisonment shall be one day.
(1) If the law refers to this provision, then the court may, collateral to imprisonment for life or for a fixed term of more than two years, impose payment of a sum of money, the amount of which is limited by the value of the perpetrator's assets (property fine). Material benefits which have been ordered forfeited shall be excluded in assessing the value of the assets. The value of the assets may be estimated.
(2) Section 42 shall apply accordingly.
(3) The court shall indicate a term of imprisonment, which shall be substituted for the property fine if it is uncollectible (default imprisonment). The maximum term of default imprisonment shall be two years, the minimum, one month.
(1) If someone has been sentenced to imprisonment or a fine for a crime which he committed in connection with the driving of a motor vehicle or in violation of the duties of a driver of a motor vehicle, then the court may prohibit him from driving all motor vehicles, or any specific type, in road traffic for a period of from one month to three months. A driving ban shall be ordered, as a rule, in cases of a conviction under Sections 315c subsection (1), no. 1, letter (a) subsection (3), or Section 316 if there has been no withdrawal of permission to drive pursuant to Section 69.
(2) A driving ban shall take effect when the judgment becomes final. National and international driver's licenses issued by a German public authority shall be kept in official custody for its duration. This shall also apply if the driver's license was issued by a public authority of a member state of the European Union or another signatory state of the Convention on the European Economic Area, as long as the holder has his ordinary residence in Germany. The driving ban shall be endorsed on other foreign driver's licenses.
(3) If a driver's license is to be kept in official custody or the driving ban endorsed on a foreign driver's license, then the term of prohibition shall be calculated from the day that this takes place. The time in which the perpetrator is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the term of the prohibition.
(1) Whoever is sentenced for a serious criminal offense to imprisonment for at least one year shall lose for a period of five years the capacity to hold public office and attain public electoral rights.
(2) The court may deprive the convicted person of the capacities indicated in subsection (1) for a period of from two to five years, to the extent the law specifically so provides.
(3) With the loss of the capacity to hold public office the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses.
(4) With the loss of the capacity to attain public electoral rights, the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses to the extent the law does not otherwise provide.
(5) The court may deprive the convicted person of the right to elect or vote in public matters for a period of from two to five years, to the extent the law specifically so provides.
(1) The loss of the capacities, legal statuses and rights shall take effect when the judgment becomes final.
(2) The period of the loss of a capacity or a right shall be calculated from the day the term of imprisonment has been served, barred by the statute of limitations or remitted. If a measure of reform and prevention involving deprivation of liberty was ordered collateral to imprisonment, the term shall be calculated beginning on the day the measure was completed.
(3) If the execution of the punishment, the remainder thereof, or the measure has been suspended through a grant of probation or an act of clemency, then the term shall include the probationary period, if, after its expiration, the punishment, the remainder thereof, or the measure has been completed.
(1) The court may restore capacities lost pursuant to Section 45 subsections (1) and (2), and rights lost pursuant to Section 45 subsection (5), if:
1. the loss was in effect for half of the time it should have lasted; and
2. it is to be expected that the convicted person will not commit any intentional crimes in the
future.
(2) The time in which the convicted person is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the terms.
(1) The guilt of the perpetrator is the foundation for determining punishment. The effects which the punishment will be expected to have on the perpetrator's future life in society shall be considered.
(2) In its determination the court shall counterbalance the circumstances which speak for and against the perpetrator. In doing so consideration shall be given in particular to:
the motives and aims of the perpetrator;
the state of mind reflected in the act and the willfulness involved in its commission;
the extent of breach of any duties;
the manner of execution and the culpable consequences of the act;
the perpetrator's prior history, his personal and financial circumstances; as well as
his conduct after the act, particularly his efforts to make restitution for the harm caused as well as the perpetrator's efforts to achieve mediation with the aggrieved party.
(3) Circumstances which are already statutory elements of the offense may not be considered.
If the perpetrator has:
1. in an effort to achieve mediation with the aggrieved party (mediation between perpetrator and victim), completely or substantially made restitution for his act or earnestly strived to make restitution; or
2. in a case in which the restitution for the harm caused required substantial personal accomplishments or personal sacrifice on his part, completely or substantially compensated the victim,
then the court may mitigate the punishment pursuant to Section 49 subsection (1), or, if the maximum punishment which may be incurred is imprisonment for not more than one year or a fine of not more than three hundred sixty daily rates, dispense with punishment.
(1) A court may impose imprisonment for less than six months only when special circumstances exist, either in the act or the personality of the perpetrator, which make the imposition of imprisonment indispensable to exert influence on the perpetrator or to defend the legal order.
(2) If the law does not provide for a fine and a term of imprisonment of six months or more has been ruled out, the court shall impose a fine if the imposition of imprisonment is not indispensable pursuant to subsection (1). If the law provides for an increased minimum term of imprisonment, the minimum fine in cases covered by sentence 1 is determined by the minimum prescribed term of imprisonment; thirty daily rates shall thus correspond to one month imprisonment.
(1) If mitigation is prescribed or permitted under this provision, then the following shall apply to such mitigation:
1. Imprisonment for not less than three years shall take the place of imprisonment for life;
2. In cases of imprisonment for a fixed term, at most three-fourths of the maximum term
provided may be imposed. In case of a fine the same shall apply to the maximum number of daily rates;
3. An increased minimum term of imprisonment shall be reduced:
in the case of a minimum term of ten or five years, to two years;
in case of a minimum term of three or two years, to six months;
in case of a minimum term of one year, to three months;
in other cases to the statutory minimum.
(2) If the court may in its discretion mitigate the punishment pursuant to a norm which refers to this provision, then it may reduce the punishment to the statutory minimum or impose a fine instead of imprisonment.
A circumstance which alone or together with other circumstances justifies the assumption that the case is less serious and is simultaneously a special statutory mitigating circumstance under Section 49, may only be considered once.
(1) If a convicted person has undergone remand detention or other deprivation of liberty because of an act which is or was the object of the proceedings, the time served shall be credited towards any fixed term of imprisonment or fine. However the court may order that the credit be withheld in whole or in part if it is not justified in light of the conduct of the convicted person after the act.
(2) If in a later proceeding another punishment is substituted for a previously imposed punishment which became final, then the earlier punishment shall be credited against it to the extent it was executed or satisfied through crediting.
(3) If the convicted person has been punished abroad for the same act, then the foreign punishment, to the extent it has been executed, shall be credited towards the new one. Subsection (1) shall correspondingly apply to any other deprivation of liberty undergone abroad.
(4) When a fine is credited against deprivation of liberty, or vice versa, one day of the latter shall correspond to one daily rate. If a foreign punishment or deprivation of liberty is to be credited, the court shall determine the rate in its discretion.
(5) In crediting the period of provisional withdrawal of permission to drive (Section 111a of the Code of Criminal Procedure) against the driving ban under Section 44 subsection (1) shall apply accordingly. In this respect the taking or holding of a driver's license in custody or its seizure (Section 94 Code of Criminal Procedure) shall be equivalent to provisional withdrawal of permission to drive.
(1) If the same act violates more than one penal norm or the same penal norm repeatedly, then only one punishment shall be imposed.
(2) If more than one penal norm has been violated, then the punishment shall be determined according to the norm that provides for the most severe punishment. It may not be more lenient that the other applicable norms permit.
(3) The court may impose a fine under the provisions of Section 41 separately, collateral to imprisonment.
(4) If one of the applicable norms allows imposition of a property fine, then the court may impose it separately collateral to imprisonment for life or a fixed term of more than two years. In addition, collateral punishments or consequences and measures (Section 11 subsection (1), no. 8) must or may be imposed if one of the applicable norms prescribes or so permits.
(1) If someone has committed more than one crime, as to which judgment will be simultaneously rendered, and incurred more than one term of imprisonment or more than one fine, an aggregate punishment shall be imposed.
(2) If a term of imprisonment concurs with a fine, then an aggregate punishment shall be imposed. However, the court may also separately impose a fine; if in such cases a fine is to be imposed for more than one crime, then an aggregate fine should to that extent be imposed.
(3) If the perpetrator, pursuant to the law according to which Section 43a is applicable or under the terms of Section 52 subsection (4), has incurred as an individual punishment imprisonment for life or a fixed term of more than two years, then the court may separately impose a property fine collateral to the aggregate punishment formed pursuant to subsections (1) or (2); if in such cases a property fine is to be imposed for more than one crime, then an aggregate property fine shall to that extent be imposed.
Section 43 subsection (3), shall apply accordingly.
(4) Section 52 subsection (3) and Section 52 subsections (4) and (2) apply by analogy.
(1) If one of the individual punishments is imprisonment for life, then an aggregate punishment of imprisonment for life shall be imposed. In all other cases the aggregate punishment shall be formed by increasing the highest punishment incurred and, in the case of different kinds of punishment, by increasing the punishment most severe in nature. In doing so, the personal characteristics of the perpetrator and the individual crimes shall be comprehensively evaluated.
(2) The aggregate punishment must be less than the sum of the individual punishments. It should not exceed, in the case of imprisonment for a fixed term, fifteen years, in the case of a property fine, the value of the perpetrator's assets, and in the case of a fine, seven hundred twenty daily rates;
Section 43 subsection (1), sent. 3, shall apply accordingly.
(3) If an aggregate punishment is to be formed from imprisonment and a fine, then one daily rate corresponds to one day imprisonment in determining the sum of the individual punishments.
(1) Sections 53 and 54 shall also be applicable if a convicted person, as to whom a punishment imposed pursuant to a final judgment has neither been executed, barred by the statute of limitations or remitted, is convicted of another crime which he committed before the previous conviction. A previous conviction shall be deemed to be the judgment in the previous proceeding in which the underlying factual findings could last be reviewed.
(2) Property fines, collateral punishments, collateral consequences and measures (Section 11 subsection (1), no. 8 which were imposed in the previous sentence should be maintained to the extent they have not been rendered superfluous by the new sentence. This also applies when the amount of the property fine which was imposed in the previous sentence exceeds the value of the perpetrator's assets at the time of the new sentence.
(1) Upon a sentence of imprisonment of no more than one year the court shall suspend the execution of the punishment and grant probation if it can be expected that the sentence will serve the convicted person as a warning and he will commit no further crimes in the future even without the influence exerted by serving the sentence. Particularly to be considered are the personality of the convicted person, his previous history, the circumstances of his act, his conduct after the act, his living conditions and the effects which can be expected as a result of the suspension.
(2) The court may also suspend the execution of a longer term of imprisonment which does not exceed two years under the provisions of subsection (1) and grant probation if a comprehensive evaluation of the act and personality of the convicted person reveals the existence of special circumstances. In making the decision the efforts of the convicted person to make restitution for the harm caused by the act should particularly be considered.
(3) The execution of a sentence of imprisonment of no less than six months shall not be suspended when defense of the legal order so requires. (4) A suspended execution of punishment may not be limited to a part of the punishment. It shall not be excluded by the crediting of time served in remand detention or any other deprivation of liberty.
(1) The court shall determine the length of the term of probation. It may not exceed five years nor be less than two years.
(2) The term of probation shall begin when the decision to suspend execution of punishment becomes final. It may subsequently be reduced to the minimum or prolonged to the maximum before its expiration.
(1) The court may impose conditions on the convicted person to the end of making amends for the wrong committed. No unreasonable demands should thereby be made on the convicted person.
(2) The court may order the convicted person:
1. to make restitution to the best of his ability for the harm caused by the act;
2. to pay a sum of money to a non-profit-making institution if this is appropriate in light of
the act and the personality of the perpetrator;
3. to render some other community service; or
4. to pay a sum of money to the public treasury.
The court should impose a condition pursuant to sentence 1, nos. 2 to 4, only to the extent that the fulfilment of the condition does not impede making restitution for the harm caused.
(3) If the convicted person offers to perform appropriate tasks to the end of making amends for the wrong committed, then the court shall, as a rule, temporarily refrain from imposing conditions if it can be expected that the offer will be fulfilled.
(1) The court shall issue instructions to the convicted person for the duration of his term of probation, if he requires such assistance to cease committing crimes. No unreasonable demands should thereby be made on the way the convicted person conducts his life.
(2) In particular, the court may instruct the convicted person:
1. to follow orders which relate to residence, education, work or leisure, or to the ordering of his financial affairs;
2. to report at specified times to the court or some other agency;
3. not to associate with, employ, train or shelter particular persons or persons of a particular group, who can offer him the opportunity or stimulus to commit further crimes;
4. not to possess, carry or entrust to another for safekeeping, particular objects which could provide him with the opportunity or stimulus to commit further crimes; or
5. to meet maintenance obligations.
(3) An instruction:
1. to undergo curative treatment which involves a bodily intrusion or treatment for addiction; or
2. to reside in a suitable home or institution,
may only be issued with the consent of the convicted person.
(4) If the convicted person makes corresponding promises relating to the future conduct of his life, then the court shall, as a rule, temporarily refrain from issuing instructions if it can be expected that the promise will be kept.
(1) The court shall place the convicted person under the supervision and guidance of a probation officer for all or part of the term of probation when advisable to prevent him from committing crimes.
(2) The court shall issue an instruction pursuant to subsection (1), as a rule, if it suspends a term of imprisonment of more than nine months and the convicted person is less than twenty-seven years of age.
(3) The probation officer shall assist and care for the convicted person. With the approval of the court he shall supervise the fulfillment of the conditions and instructions as well as the offers and promises. He shall report on the way the convicted person is conducting his life at intervals determined by the court. He shall inform the court as to gross or persistent violations of the conditions, instructions, offers or promises.
(4) The probation officer shall be appointed by the court. It may give him instructions concerning his functions under subsection (3).
(5) The functions of the probation officer shall be exercised on a full-time official or honorary basis.
The court may also make, modify or vacate decisions pursuant to Sections 56b to 56d.
(1) The court shall revoke the suspended execution of punishment if the convicted person:
1. commits a crime during the term of probation and thereby shows that the expectation on which the suspended execution of punishment was based, was not fulfilled;
2. grossly and persistently violates instructions or persistently evades the supervision and guidance of the probation officer and thereby gives reason for fear that he will again commit crimes; or
3. grossly and persistently violates conditions.
Sentence 1, no. 1, shall correspondingly apply if the act was committed in the interim period between the decision suspending the execution of punishment and its becoming final.
(2) The court shall, however, refrain from revocation when it suffices:
1. to impose further conditions or instructions, in particular to place the convicted person under the supervision of a probation officer; or
2. to prolong the term of probation or placement.
In cases pursuant to no. 2 the term of probation may not be prolonged for more than one-half of the originally imposed term of probation.
(3) The convicted person shall not be compensated for accomplishments rendered in fulfillment of conditions, offers, instructions or promises. If a suspended execution of punishment is revoked, however, the court can credit accomplishments, which the convicted person has rendered in fulfillment of conditions under Section 56b subsection (2), sent. 1, nos. 2 to 4, or corresponding offers under Section 56b subsection (3), towards the punishment.
(1) If the court does not revoke a suspended execution of punishment, it shall remit the punishment after expiration of the term of probation. Section 56f subsection (3), sent. 1, shall be applicable.
(2) The court may revoke a remission of punishment if the convicted person was sentenced to imprisonment for at least six months within the territorial area of application of this law for an intentional crime committed during the term of probation. The revocation shall only be permissible within one year after the expiration of the term of probation and six months after the judgment becomes final.
Section 56f subsection (1), sent. 2, and subsection (3) shall apply correspondingly.
(1) The court shall suspend the execution of the remainder of a fixed term of imprisonment and grant probation, if:
1. two-thirds of the imposed punishment, but not less than two months, have been served;
2. this can be justified upon consideration of the security interests of the general public; and
3. the convicted person consents.
To be considered in making the decision shall be, in particular, the personality of the convicted person, his previous history, the circumstances of his act, the importance of the legal interest threatened in case of recidivism, the conduct of the convicted person while serving his sentence, his living conditions and the effects which can be expected as a result of the suspension.
(2) After half of a fixed term of imprisonment has been served, but not less than six months, the court may suspend execution of the remainder and grant probation, if:
1. the convicted person is serving his first term of imprisonment and it does not exceed two years;
or
2. a comprehensive evaluation of the act, the personality of the convicted person and his development while serving the sentence reveals that special circumstances exist, and the remaining requirements of subsection (1) have been fulfilled.
(3) Sections 56a to 56g shall apply accordingly; the term of probation, even if subsequently reduced, may not be less than the remainder of the punishment. If the convicted person has served at least one year of his punishment before the remainder is suspended and probation granted, then the court shall, as a rule, place him under the supervision and guidance of a probation officer for all or a part of the term of probation.
(4) To the extent a term of imprisonment has been completed through crediting it shall qualify as having been served within the meaning of subsections (1) to (3).
(5) The court may refrain from suspending the execution of the remainder of a fixed term of imprisonment and granting probation, if the convicted person makes insufficient or false statements concerning the whereabouts of objects which are subject to forfeiture, or are only not subject thereto because the act has given rise to a claim by the aggrieved party of the type indicated in Section 73 subsection (1), sent. 2.
(6) The court may fix a term not exceeding six months, before the expiration of which an application by the convicted person to suspend the remainder of punishment and grant probation shall be inadmissible.
(1) The court shall suspend execution of the remainder of a punishment of imprisonment for life and grant probation, if:
1. fifteen years of the punishment have been served;
2. the particular gravity of the convicted person's guilt does not require its continued execution; and
3. the requirements of Section 57 subsection (1), sent. 1, nos. 1 and 3 are present.
Section 57 subsection (1), sent. 2 and subsection (5) shall apply accordingly.
(2) Any deprivation of liberty undergone by the convicted person as a result of the act shall qualify as punishment served within the meaning of subsection (1), sentence 1, no. 1.
(3) The term of probation shall be five years. Sections 56a subsection (2), sent. 1, 56b to 56g and 57 subsection (3), sent. 2, shall apply accordingly.
(4) The court may fix terms not exceeding two years, before the expiration of which an application by the convicted person to suspend the remainder of the punishment and grant probation shall be inadmissible.
If imprisonment for life has been imposed as an aggregate punishment, then the individual crimes shall be comprehensively evaluated in determining the particular gravity of the guilt (Section 57a subsection (1), sent. 1, no. 2).
(1) If someone has committed more than one crime, then the amount of the aggregate punishment shall be controlling for the suspended execution of punishment under Section 56.
(2) If in cases under Section 55 subsection (1), the execution of all, or the remainder of the imprisonment imposed in the previous sentence has been suspended and probation granted and if the aggregate punishment has also been suspended and probation granted, then the minimum length of the new probation term shall be reduced by the already expired term of probation, but not to less than one year. If the aggregate punishment is not suspended and probation granted, then Section 56f subsection (3), shall apply accordingly.
(1) If someone has incurred a fine of not more than one hundred eighty daily rates, the court may warn him at the time of conviction, indicate the punishment and reserve imposition of this punishment, if:
1. it can be expected that the perpetrator will commit no further crimes in the future even without imposition of punishment;
2. a comprehensive evaluation of the act and the personality of the perpetrator reveals special circumstances, which make it advisable to exempt him from the imposition of punishment; and
3. the defense of the legal order does not require the imposition of punishment.
Section 56 subsection (1), second sentence, shall apply accordingly.
(2) A warning with punishment reserved shall be excluded, as a rule, if the perpetrator has been warned with punishment reserved or sentenced to punishment during the three years preceding the act.
(3) Forfeiture, confiscation or rendering unusable may be imposed collaterally to a warning. A warning with punishment reserved shall not be permissible collaterally to measures of reform and prevention.
(1) The court shall determine the length of the term of probation. It may not exceed three years nor be less than one year.
(2) The court may instruct the warned person:
1. to make efforts to achieve mediation with the aggrieved party or otherwise make restitution for the harm caused by the act;
2. to meet his maintenance obligations;
3. to pay a sum of money to a non-profit-making institution or the public treasury;
4. to undergo ambulatory curative treatment or an ambulatory treatment for addiction; or
5. to participate in traffic school.
No unreasonable demands may thereby be made on the way the warned person conducts his life; the conditions and instructions under sentence 1, nos. 3 to 5 should not be disproportionate to the significance of the act committed by the perpetrator. Sections 56c subsections (3) and (4), and Section 56e shall apply accordingly.
(1) For the imposition of reserved punishment Section 56f shall apply accordingly.
(2) If reserved punishment is not imposed against the reprimanded person, then the court shall, upon the expiration of the term of probation, declare that, with the reprimand, the case is closed.
(1) If someone has committed more than one crime, then in indicating the punishment in cases of a warning with punishment reserved, Sections 53 to 55 shall be applicable accordingly.
(2) If the warned person is subsequently sentenced to punishment for a crime committed before the warning was given, then the provisions for the formation of an aggregate punishment (Sections 53 to 55, 58) shall be applicable, providing that the reserved punishment in cases of Section 55 is equivalent to an imposed punishment.
The court shall dispense with punishment when the consequences of the act which have befallen the perpetrator are so serious that the imposition of punishment would be obviously inappropriate. This shall not apply when the perpetrator has incurred imprisonment of more than one year for the act.
Measures of reform and prevention are:
1. placement in a psychiatric hospital;
2. placement in an institution for withdrawal treatment;
3. placement in preventive detention;
4. supervision of conduct;
5. withdrawal of permission to drive;
6. prohibition of engagement in a profession.
A measure of reform and prevention may not be ordered when it is disproportionate to the significance of the acts committed by, or expected to be committed by the perpetrator, as well as to the degree of danger he poses.
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.
(1) If someone has a proclivity to consume alcoholic beverages or other intoxicants to excess and is convicted of an unlawful act which he committed while intoxicated or as a result of his proclivity, or is not convicted only because his lack of capacity to be adjudged guilty has been proved or may not be excluded, then the court shall order placement in an institution for withdrawal treatment if there is a danger that he will commit serious unlawful acts as a consequence of his proclivity.
(2) No order shall be issued if withdrawal treatment appears to be without prospects from the outset.
(1) If someone is sentenced for an intentional crime to a fixed term of imprisonment of at least two years, then the court shall order preventive detention collateral to the punishment, if:
1. the perpetrator has already been sentenced twice, respectively, to imprisonment for at least one year for intentional crimes which he committed prior to the new act;
2. as a result of one or more of these acts prior to the new act he has served a term of imprisonment or deprivation of liberty pursuant to a measure of reform and prevention for a period of at least two years; and
3. comprehensive evaluation of the perpetrator and his acts reveals that, due to his proclivity to commit serious crimes, particularly those as a result of which the victim suffers serious emotional or physical injury, or serious financial loss is caused, he presents a danger to the general public.
(2) If someone has committed three intentional crimes for which he incurred, respectively, imprisonment for at least one year, and if he is sentenced to a fixed term of imprisonment of at least three years for one or more of these acts, then the court may under the provision indicated in subsection (1), no. 3, order preventive detention collateral to the punishment even without a prior sentence or deprivation of liberty (subsection (1), nos. 1 and 2).
(3) If someone is sentenced to a fixed term of imprisonment of at least two years for a serious criminal offense or a crime under Sections 174 to 174c, 176, 179 subsections (1) to (3), 180, 182, 224, 225 subsections (1) or (2), or 323a, as long as the act committed while intoxicated is a serious criminal offense or one of the aforementioned unlawful acts, then the court may order preventive detention collateral to the punishment if the perpetrator has already been once sentenced to imprisonment of at least three years for one or more such crimes which he committed prior to the new act and the requirements indicated in subsection (1), nos. 2 and 3, have been fulfilled. If someone has committed two crimes of the type indicated in sentence 1, as a result of which he has incurred, respectively, imprisonment for at least two years, and if he is sentenced for one or more of these acts to a fixed term of imprisonment of at least three years, then the court may, under the provision indicated in subsection (1), no. 3, order preventive detention collateral to the punishment even without a prior sentence or deprivation of liberty (subsection (1), nos. 1 and 2). Subsections (1) and (2) shall remain unaffected.
(4) Within the meaning of subsection (1), no. 1, a sentence to an aggregate punishment shall qualify as a single sentence. If remand detention or another deprivation of liberty is credited against a term of imprisonment, it shall qualify as a served punishment within the meaning of subsection (1), no. 2. A prior act shall not be considered if more than five years have passed between it and the subsequent act. Time in which the perpetrator has been held in custody in an institution by order of a public authority shall not be included in the term. An act upon which judgment was passed outside of the territorial area of application of this law shall be equivalent to an act upon which judgment is passed within this area if it would be an intentional act under the German criminal law, or, in cases under subsection (3), it would be one of the crimes of the type indicated in subsection (3), sentence 1.
(1) If placement in an institution pursuant to Sections 63 and 64 is ordered collaterally to
imprisonment, then the measure shall be executed before the punishment.
(2) The court shall indicate, however, that all or part of the punishment be executed before the measure, if the objective of the measure will thereby be more easily attained.
(3) The court may subsequently make, modify or vacate an order pursuant to subsection (2), if the personal circumstances of the convicted person make it seem advisable.
(4) 2 If the measure is executed in whole or in part before the punishment, then the time of execution of the measure shall be credited to the punishment until two-thirds of the punishment has been completed. This shall not apply if the court has made an order pursuant to Section 67d subsection (5), sent. 1.
(5) If the measure is executed before the punishment, then the court may suspend the execution of the remainder of punishment and grant probation under the provisions of Section 57 subsection (1), sent. 1, no. 2, if half of the punishment has been completed. If the remainder of punishment is not suspended, the execution of the measure shall continue; the court may nevertheless order the execution of the punishment if circumstances relating to the convicted person make it seem advisable.
(1) If placement in a psychiatric hospital or an institution for withdrawal treatment has been ordered, then the court may subsequently transfer the perpetrator for the purpose of executing another measure if the resocialization of the perpetrator can be better promoted thereby.
(2) Under the provisions of subsection (1) the court may subsequently transfer a perpetrator, as to whom preventive detention has been ordered, for the purpose of executing one of the measures named in subsection (1).
(3) The court may modify or vacate a decision under subsections (1) and (2), if it subsequently appears that the resocialization of the perpetrator can be better promoted thereby. The court may further vacate a decision under subsection (2), if it subsequently appears that no success will be achieved with the execution of the measures named in subsection (1).
(4) The length of the terms of placement and review shall