Misplaced Pages

#243756

22-860: Strafgesetzbuch ( German pronunciation: [ˈʃtʁaːfɡəˌzɛtsbuːx] , literally "penal law book"), abbreviated to StGB , is the German penal code . In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This Reichsstrafgesetzbuch (Imperial Penal Code)

44-529: A case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous ' common law offences ', as well as

66-443: A common danger or emergency" if necessary, as far as can be expected ("under the circumstances, particularly if it is possible without substantial danger to himself and without violation of other important duties"). Refusing to assist can be punished with up to one year of imprisonment. As a consequence, should an attempt at first aid prove unsuccessful or actually harmful, it will not be prosecuted ( Good Samaritan law ). Note that while

88-508: A waiting period, and in rare exceptional cases afterwards. After this compromise was found, there has been relatively little further controversy about the section. Paragraph 219a forbade medical professionals from providing information about any abortion services they offered. The law was enacted in 1933, months after the Nazi party had come to power. It was repealed in 2022. This section requires everybody to "render assistance during accidents or

110-466: A war of aggression (§ 80), murder, robbery, treason, and counterfeiting money. This section formed the grounds for the lawsuit against Holger Voss . This section, which was in force in some form or other from 1871 to 1994, criminalized sexual acts between males under circumstances that varied as the law was modified over the years. Acts between consenting adults, if not done in the context of prostitution, were excluded from prosecution in 1969. Until 1969

132-636: Is not itself law but which provides the basis for the criminal law of many states. Individual states often choose to make use of criminal codes which are often based, to a varying extent, on the model code. Title 18 of the United States Code is the criminal code for federal crimes. However, Title 18 does not contain many of the general provisions concerning criminal law that are found in the criminal codes of many so-called "civil law" countries. Criminal codes are generally supported for their introduction of consistency to legal systems and for making

154-417: Is often applied to trials related to Holocaust denial . Outlaws the dissemination or public display of media "which describe cruel or otherwise inhuman acts of violence against human or humanoid beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which injures human dignity ". This section

176-424: Is possible certain convicts of murder can spend the rest of their lives in prison). Regulating abortion, in combination with § 218a. Revised several times, with a 1974 liberalization declared unconstitutional by the courts, and historically very controversial. After a multi-partisan compromise was reached during the early 1990s, it permits abortion during the first trimester, upon condition of mandatory counseling and

198-514: Is quite vague, there is a lot of debate how this new prohibition is to be handled in court, since software essential to system or network security might be seen to fall under this act as well. Too extensive an interpretation will surely collide with the freedom of exercise of occupation as well as the right to property (Articles 12 and 14 of the Basic Law). In German: Mord . The intentional, successful killing of another person, with at least one of

220-538: Is the Wehrstrafgesetz to prosecute special crimes within military service such as insubordination (§20 WStG) and desertion (§16 WStG). The German Penal Code is divided into two main parts: General Part ( Allgemeiner Teil ): in which general issues are arranged, for example: Special Part ( Besonderer Teil ): in which the different criminal offences and their definitions and punishments are listed, for example: These sections differ significantly from

242-448: The aggravating circumstances mentioned in § 211 sec.2 fulfilled. Those circumstances concern base motives, criminal aims or cruel ways of committing the crime. An intentional killing that does not qualify for Mord is called Totschlag (§ 212). § 211 is the only crime within the Strafgesetzbuch that carries a mandatory sentence of life imprisonment (a sentence of life without parole is not expressly provided for in German law, but it

SECTION 10

#1732781029244

264-463: The basis for the confiscation of video games like Wolfenstein 3D or Mortyr and the censorship of Nazi symbolism in World War II -related media until August 2018. Turkish president Recep Tayyip Erdoğan himself made a complaint in 2016 against German satirist Jan Böhmermann as a private person because of an alleged insult. The Deputy Prime Minister of Turkey, Numan Kurtulmuş , called

286-448: The criminal codes in other countries, and/or are relevant for topics discussed in other articles. Outlaws the distribution or public use of symbols of unconstitutional groups, in particular, flags, insignia, uniforms, slogans and forms of greeting. The laws ban most Nazi insignia from any usage for propagating the ideology outside artistic, scientific, research, or opposition uses ( swastikas , SS sig runes , Totenkopf , Othala rune ,

308-588: The criminal law more accessible to laypeople. A code may help avoid a chilling effect where legislation and case law appears to be either inaccessible or beyond comprehension to non-lawyers. Alternatively critics have argued that codes are too rigid and that they fail to provide enough flexibility for the law to be effective. Jurisdictions of many countries, such as Algeria , Argentina , Australia , Austria , Brazil , Canada , Chile , China , Denmark , Egypt , Finland , France , Germany , India , Iran , Israel , Italy , Japan , South Korea , Mexico ,

330-431: The duty, in itself, only exists so far as one is actually capable of providing aid, having passed a course in first aid is required for a driving license, and thus on this level is expected from all motorised traffic participants. Penal code Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on

352-526: The legal basis of criminal law in Germany. After the defeat of Nazi Germany , a number of prohibiting provisions were included in the Strafgesetzbuch : In 2002 German public prosecutors were empowered to prosecute crimes against humanity , war crimes and genocide internationally under the Völkerstrafgesetzbuch ("Code of Crimes against international Law"). Another special penal code

374-822: The neo-Nazi version of the Celtic Cross , the swastikas versions of the Iron Cross and Reichsadler , Wolfsangel , the party and Reichkriegsflagge Nazi flags, the Sturmabteilung emblem, the Nazi salute and the greetings "Heil Hitler" or "Sieg Heil", are outlawed under the law) it also extends to bans on symbols of the Communist Party of Germany ( Hammer and sickle , red star and red flag are under it), ISIS Black Standard , and Kurdish People's Protection Units (YPG) pennant. This section has been

396-490: The often inconsistent nature of English law, the creation of a satisfactory code became very difficult. The project was officially abandoned in 2008 although as of 2009 it has been revived. A statutory Criminal Law Codification Advisory Committee for Irish criminal law met from 2007 to 2010 and its Draft Criminal Code and Commentary was published in 2011. In the United States, a Model Penal Code exists which

418-526: The poem a "serious crime against humanity". On 1 June 2017 the German Bundestag decided by a unanimous vote to repeal this section. This decision went into effect on 1 January 2018. Section 3 outlaws denying the genocide committed under the rule of National Socialism (1933–1945). Section 4 prohibits glorifying or approving the reign of the Nazis. Section 130 makes it a crime to: This section

440-453: The section also criminalized sexual acts between humans and animals. No corresponding legislation against lesbian sex acts existed. Highly controversial, it outlaws the preparation of an act of data espionage (§ 202a) or data interception (§ 202b) by making, obtaining, selling, distributing (or otherwise committing or making accessible to others) As the definition of a "program with the purpose of committing data espionage or data interception"

462-579: Was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the Grundgesetz , but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage . The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes

SECTION 20

#1732781029244

484-421: Was used as the legal basis for confiscating some horror movies and a few video games such as Mortal Kombat , Manhunt , and Condemned . Outlaws rewarding or approving of crimes "publicly, in a meeting or through dissemination of writings […], and in a manner that is capable of disturbing the public peace". This only applies to crimes where failure to report is an offense (§ 138), among them preparation of

#243756