§_77a StGB 2Die Verfolgung ist jedoch spätestens verjährt, wenn seit dem in § 78a bezeichneten Zeitpunkt Der schnelle Weg durch's Paragraphendickicht! Paragraf [1. Juli ]. § (1)  Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz. Die Verjährungsregeln im Strafgesetzbuch (StGB) sind kompliziert. Die Dauer der gesetzliche Verjährungsfrist ist in Paragraf 78 Absatz 3 StGB.
Warum der Loveparade-Strafprozess eingestellt werden kann78 StGB regelt, ab wann eine Straftat nicht mehr verfolgt werden kann. Geregelt ist die Verjährung in den §§ 78ff. StGB. Mord verjährt nach § 78 Abs. 2 StGB. Wie lange dauert es, bis Verjährung nach § 78 StGB eintritt? Kann die Dauer unterbrochen werden? Was kann ich unter Ruhen der Verjährung nach § 78b StGB. Die Verjährungsfrist ist in § 78 StGB geregelt und beträgt nach Abs. 3: dreißig Jahre bei Taten, die mit lebenslanger Freiheitsstrafe bedroht sind,; zwanzig Jahre.
Paragraph 78 Stgb Kommentar schreiben VideoОбзор на плохое - Параграф 78. Фильм второй § 78 StGB Verjährungsfrist Strafgesetzbuch - actors-academy.com actors-academy.com /gesetz//ahtm (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. (2) Verbrechen nach § . Lesen Sie § 78 StGB kostenlos in der Gesetzessammlung von actors-academy.com mit über Gesetzen und Vorschriften. Section 78 Period of Limitation (1) The imposition of punishment and the ordering of measures (Section 11 subsection (1), no. 8) shall be excluded on expiry of the period of the statute of limitations. Section 76a subsection (2), sent.1, no. 1, shall remain unaffected. Paragraph § 78 des Strafgesetzbuchs - StGB (Verjährungsfrist) mit zusätzlichem Recherchematerial wie Formularen, Präsentationen, PDFs und anderen Webseiten. Redaktionelle Querverweise zu § 78 StGB: Völkerstrafgesetzbuch (VStGB) Allgemeine Regelungen § 5 (Unverjährbarkeit) (zu § 78 II) Jugendgerichtsgesetz (JGG) Jugendliche 1. Hauptstück - Verfehlungen Jugendlicher und ihre Folgen Allgemeine Vorschriften § 4 (Rechtliche Einordnung der Taten Jugendlicher) (zu §§ 78 ff) Strafprozeßordnung (StPO). § 78 StGB Mitwirkung am Selbstmord - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE Österreich. Directed by Mikhail Khleborodov. With Yuriy Kutsenko, Vladimir Vdovichenkov, Anastasiya Slanevskaya, Grigoriy Siyatvinda. In the near future the command of the special setting gets a new important task. Paragraph 78 (Russian: Параграф 78; also stylized as: § 78) is a Russian film by Mikhail Khleborodov released in The film was split into two parts Paragraph 78, Punkt 1 released on February 22, , and Paragraph 78, Punkt 2 released on March 29,
Spielen Sie Betaphase Beispiel den Take Paragraph 78 Stgb Golden Nights Slot, hat der Buchmacher sein Angebot um Paragraph 78 Stgb eigenes Casino erweitert. - Umfeld von § 78 StGBJuni über die Sicherheitsorgane der Transportunternehmen im öffentlichen Verkehr, in Kraft seit 1.
Februar hat der neue Bundesminister der Justiz und für Verbraucherschutz Heiko Maas angekündigt, die Tötungsdelikte im Strafgesetzbuch auf den Prüfstand zu stellen.
Im Kern Abkürzung der gesetzlichen Verjährungsfrist im Gebrauchtwagenhandel Der Bundesgerichtshof hat sich heute in einer Entscheidung mit der Wirksamkeit einer Klausel in Allgemeinen Geschäftsbedingungen für den Verkauf gebrauchter Kraftfahrzeuge und Anhänger befasst, die für Ansprüche des Käufers wegen Sachmängeln Der Verjährungsfrist für eine Betriebskostennachforderung des Vermieters Der Bundesgerichtshof hat sich heute in einer Entscheidung mit den Fragen befasst, wann die Verjährungsfrist für eine Betriebskostennachforderung des Vermieters beginnt und ob sich der Vermieter bei der Betriebskostenabrechnung für bestimmte Verjährungsfrist bei Schrottimmobilien beachten Nürnberg, Anlegern, die in gescheiterte finanzierte Immobilienkapitalanlagen, so genannte Schrottimmobilien, investiert haben, droht spätestens mit Ablauf dieses Jahres die Verjährung.
Heintschel-Heinegg Zu den wichtigsten Arbeitsgrundlagen für Strafverteidiger, Strafrichter und Staatsanwälte gehört das Strafgesetzbuch. Doch auch für Referendare und Studenten stellt es ein In other cases the objects may be confiscated; Section 74a shall be applicable.
Public pawnbrokers, who make unauthorized use of the objects which they have taken as a pledge, shall be punished with imprisonment for not more than one year or a fine.
If more than one person contribute as providers of benefits, procurers or in other ways, and if the result is thereby a striking disproportion between all of the material benefits and all the quid pro quo, then sentence 1 shall apply to everyone who exploits the predicament or other weakness of the other for himself or a third person in order to attain excessive material benefits.
An especially serious case exists, as a rule, if the act is committed:. In cases under Sections subsection 1 , and the act shall only be prosecuted upon complaint of the aggrieved party if it was committed by a relative or at a place where the perpetrator was permitted to engage in hunting or fishing to a limited extent.
Hunting and fishing equipment, dogs and other animals that the perpetrator or inciter or accessory had with them or used during the act, may be confiscated.
The registered user and the driver of the motor vehicle or the aircraft shall take the place of the owner and the captain of the ship. If the offer is not accepted or the service of the organizer not provided due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the acceptance of the offer or the providing of the service.
In especially serious cases an act under Section shall be punished with imprisonment from three months to five years.
In cases under Sections to b the act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.
If the perpetrator, as a result of an arson under Sections tob, at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.
To the extent that rail transport participates in road traffic, only the provisions for protection of road traffic Sections b and c shall be applicable.
An especially serious cases exists, as a rule, if by the act the perpetrator interferes with the provision of vital goods for the population, in particular, with water, light, heat or power.
An aircraft which has already been boarded by members of the crew or air passengers or the loading of the cargo of which has already begun or which has not yet been deboarded regularly by members of the crew or air passengers or the unloading of the cargo of which has not been completed, shall be the equivalent of an aircraft in flight.
Section b subsections 1 , 3, or 4 subsection 3 in conjunction with subsection 3 , no. Section subsections 1 to 3 , voluntarily averts the danger before substantial damage results.
In cases under Sections to c, subsections 1 to 3 , subsections 1 to 3 , subsections 1 to 4 , subsection 1 , and c subsection 1 , no.
Whoever knowingly, without the permission of the director of the institution or his agent, procures for, or gives alcoholic beverages or other intoxicants to another, who has been placed in an institution for withdrawal treatment on the basis of an order of a public authority or without his consent, or inveigles him to consume such substances, shall be punished with imprisonment for not more than one year or a fine.
Whoever does not render assistance during accidents or common danger or need, although it is required and can be expected of him under the circumstances and, especially, is possible without substantial danger to himself and without violation of other important duties, shall be punished with imprisonment for not more than one year or a fine.
Whoever operates facilities in such an area contrary to an enforceable order, which was issued on the basis of an ordinance indicated in sentence 1, shall be similarly punished.
Sentences 1 and 2 shall not apply to motor vehicles, rail vehicles, aircraft or watercraft. The facility of a public enterprise is also an in-plant facility within the meaning of sentence 1.
Under the same prerequisites the perpetrator shall not be punished under Sections a subsection 3 , no. If a crime under Sections , subsections 1 or 2 , , subsections 1 , 2 or 3 , the latter also in conjunction with subsection 4 , then:.
In less serious cases the punishment shall be imprisonment for not more than three years or a fine. In less serious cases the punishment shall be imprisonment from six months to five years.
In less serious cases the punishment shall be imprisonment for not more than two years or a fine. The failure to act shall be equivalent to the performance of an official act or a judicial act within the meaning of Sections to The compensation of an arbitrator shall only be a benefit within the meaning of Sections to , if the arbitrator demands it, allows it to be promised him or accepts it from a party behind the back of the other or if a party offers, promises or grants it to him behind the back of the other.
A judge, another public official or an arbitrator, who in conducting or deciding a legal matter makes himself guilty of a perversion of the course of justice for the benefit, or to the detriment, of a party, shall be punished with imprisonment from one year to five years.
In less serious cases the punishment shall be imprisonment for not more than five years or a fine. Sentence 1 shall apply by analogy to a public official who is charged with participation in a proceeding to order custody of a public authority.
Sentence 1 shall apply by analogy to a public official charged with participation in:. Whoever, as a public official charged with participation in the execution of:.
If by the act the perpetrator has negligently endangered import public interests, then he shall be punished with imprisonment for not more than one year or a fine.
In the case of acts by officially consulted experts, the head of the public authority whose proceeding has been affected shall be entitled to file a complaint collateral to the aggrieved party.
Collateral to imprisonment for at least six months for a crime under Sections , , , , , , subsections 1 and 3 , , to b subsection 1 , and , the court may deprive the person of the capacity to hold public office Section 45 subsection 2.
Section 67 4 1 is compatible with the Basic Law within the scope of application of ection Section 67 4 2 is incompatible with Art.
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German Law Archive. Search Search. Section 2 Temporal Applicability 1 The punishment and its collateral consequences are determined by the law which is in force at the time of the act.
Section 3 Applicability to Domestic Acts German criminal law shall apply to acts, which were committed domestically.
Section 4 Applicability to Acts on German Ships and Aircraft 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.
Section 5 Acts Abroad Against Domestic Legal Interests German criminal law shall apply, regardless of the law of the place the act was committed, to the following acts committed abroad: 1.
Section 6 Acts Abroad Against Internationally Protected Legal Interests German criminal law shall further apply, regardless of the law of the place of their commission, to the following acts committed abroad: 1.
Section 7 Applicability to Acts Abroad in Other Cases 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.
Section 8 Time of the Act An act is committed at the time the perpetrator or the inciter or accessory acted, or in case of n omission, should have acted.
Section 9 Place of the Act 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.
Section 10 Special Provisions for Juveniles and Young Adults 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.
Section 12 Serious Criminal Offenses and Less Serious Criminal Offenses 1 Serious criminal offenses are unlawful acts that are punishable by a minimum of imprisonment for one year or more.
Chapter Two The Act Title One Bases of Punishability Section 13 Commission by Omission 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.
Section 14 Acting for Another 1 If someone acts: 1. Section 15 Intentional and Negligent Conduct Only intentional conduct is punishable, unless the law expressly provides punishment for negligent conduct.
Section 16 Mistake about Circumstances of the Act 1 Whoever upon commission of the act is unaware of a circumstance which is a statutory element of the offense does not act intentionally.
Section 17 Mistake of Law 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.
Section 18 More Serious Punishment Due to Particular Results of the Act 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.
Section 20 Lack of Capacity to be Adjudged Guilty due to Emotional Disorders 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.
Section 21 Diminished Capacity to be Adjudged Guilty 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.
Title Two Attempt Section 22 Definition of Terms 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.
Section 23 Punishability for an Attempt 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.
Section 24 Abandonment 1 Whoever voluntarily renounces further execution of the act or prevents its completion shall not be punished for an attempt.
Title Three Perpetration And Incitement Or Accessoryship Section 25 Perpetration 1 Whoever commits the crime himself or through another shall be punished as a perpetrator.
Section 26 Incitement Whoever intentionally induces another to intentionally commit an unlawful act, shall, as an inciter, be punished the same as a perpetrator.
Section 29 Independent Punishability of the Participant Every participant shall be punished according to his own guilt irrespective of the guilt of the other.
Section 30 Attempted Participation 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.
Section 31 Abandonment of Attempted Participation 1 Whoever voluntarily: 1. Section 33 Excessive Necessary Defense If the perpetrator exceeds the limits of necessary defense due to confusion, fear or fright, then he shall not be punished.
Section 34 Necessity as Justification 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.
Section 35 Necessity as Excuse 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.
Title Five Immunity For Parliamentary Utterances And Reports Section 36 Parliamentary Utterances 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.
Section 37 Parliamentary Reports Truthful reports about the public sessions of the bodies indicated in Section 36 or their committees remain exempt from any liability.
Section 39 Determination of Terms of Imprisonment Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period, in full months and years.
Section 41 Fine Collateral to Imprisonment 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.
Section 42 Facilitation of Payment 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.
Section 43 Default Imprisonment Imprisonment is substituted for an uncollectible fine. Collateral Punishment Section 44 Driving Ban 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.
Collateral Consequences Section 45 Loss of the Capacity to Hold, or be Elected to Public Office and the Right to Vote 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.
Section 45a Entry into Force and Calculation of the Period of Loss 1 The loss of the capacities, legal statuses and rights shall take effect when the judgment becomes final.
Section 45b Restoration of Capacities and Rights 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.
Title Two Determination of Punishment Section 46 Principles for Determining Punishment 1 The guilt of the perpetrator is the foundation for determining punishment.
Section 47 Short Terms of Imprisonment only in Exceptional Cases 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.
Section 48 Repealed Section 49 Special Statutory Mitigating Circumstances 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.
Section 50 Concurrence of Mitigating Circumstances 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.
Section 51 Crediting 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.
Section 53 Commission of More than One Violation 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.
Section 43 subsection 3 , shall apply accordingly. Section 54 Formation of the Aggregate Punishment 1 If one of the individual punishments is imprisonment for life, then an aggregate punishment of imprisonment for life shall be imposed.
Section 55 Subsequent Formation of the Aggregate Punishment 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.
Title Four Suspended Execution of Punishment And Probation Section 56 Suspended Execution of Punishment 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.
Section 56a Term of Probation 1 The court shall determine the length of the term of probation. Section 56b Conditions 1 The court may impose conditions on the convicted person to the end of making amends for the wrong committed.
Section 56c Instructions 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.
Section 56d Probation Assistance 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.
Section 56e Subsequent Decisions The court may also make, modify or vacate decisions pursuant to Sections 56b to 56d.
Section 56f Revocation of Suspended Execution of Punishment 1 The court shall revoke the suspended execution of punishment if the convicted person: 1.
Section 56g Remission of 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 1 , sent. Section 57 Suspension of the Remainder of a Fixed Term of Imprisonment 1 The court shall suspend the execution of the remainder of a fixed term of imprisonment and grant probation, if: 1.
Section 57a Suspension of the Remainder of a Punishment of Imprisonment for Life 1 The court shall suspend execution of the remainder of a punishment of imprisonment for life and grant probation, if: 1.
Section 57 subsection 1 , sent. Section 57b Suspension of the Remainder of a Punishment of Imprisonment for Life as an Aggregate Punishment 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.
Section 58 Aggregate Punishment and Suspended Execution of Punishment 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 Title Five Warning With Punishment Reserved; Dispensing With Punishment Section 59 Prerequisites for Warning with Punishment Reserved 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.
Section 56 subsection 1 , second sentence, shall apply accordingly. Section 59a Term of Probation, Conditions and Instructions 1 The court shall determine the length of the term of probation.
Section 59b Imposition of Reserved Punishment 1 For the imposition of reserved punishment Section 56f shall apply accordingly.
Section 59c Aggregate Punishment and Warning with Punishment Reserved 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.
Section 60 Dispensing with 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.
Section 62 Principle of Proportionality 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.
Measures Involving Deprivation of Liberty Section 63 Placement in a Psychiatric Hospital If someone committed an unlawful act and at the time lacked capacity to be adjudged guilty Section 20 or was in a state of diminished capacity Section 21 , the court shall order placement in a psychiatric hospital if a comprehensive evaluation of the perpetrator and his act reveals that, as a result of his condition serious unlawful acts can be expected of him and he therefore presents a danger to the general public.
Section 64 1 Placement in an Institution for Withdrawal Treatment 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.
Section 65 repealed Section 66 Placement in Preventive Detention 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.
Section 67 Sequence of Execution 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.
Section 67a Transfer for the Purpose of Executing Another Measure 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.
Section 67b Suspension Simultaneous with the Order 1 If the court orders placement in a psychiatric hospital or an institution for withdrawal treatment, it shall simultaneously suspend its execution and grant probation, if special circumstances justify the expectation that the objective of the measure may also be attained thereby.
Section 67c Delayed Commencement of the Placement 1 If a term of imprisonment is executed prior to a simultaneously ordered placement, the court shall review, before execution of the punishment has been completed, whether the objective of the measure still requires the placement.
Section 67d Length of Placement 1 Placement in an institution for withdrawal treatment may not exceed two years. Section 67e Review 1 The court may review at any time whether the further execution of the placement should be suspended and probation granted.
Section 67f Multiple Orders of a Measure If the court orders placement in an institution for withdrawal treatment, then any previous order of the measure shall be considered satisfied.
Section 67g Revocation of Suspension 1 The court shall revoke the suspension of a placement if the convicted person: 1. Supervision of Conduct Section 68 Prerequisites for Supervision of Conduct 1 If someone has incurred a fixed term of imprisonment of at least six months for a crime, in relation to which the law specifically provides for supervision of conduct, then the court may order supervision of conduct collateral to the punishment if there is a danger that he will commit further crimes.
Section 68a Supervisory Agency, Probation Officer 1 The convicted person shall be assigned to a supervisory agency; the court shall appoint a probation officer for him for the period of supervision of conduct.
Section 68b Instructions 1 The court may, for the duration of the supervision of conduct or for a shorter time, instruct the convicted person: 1. The court shall precisely indicate the prohibited or required conduct in its instruction.
Section 68c Length of Supervision of Conduct 1 Supervision of conduct shall last at least two and at most five years.
Section 68d Subsequent Decisions The court may subsequently make, modify or vacate decisions pursuant to Sections 68a subsections 1 and 5 , 68b, 68c subsection 1 , sent.
Section 68e Termination of Supervision of Conduct 1 The court shall terminate supervision of conduct if it can be expected that, even without it, the convicted person will commit no more crimes.
Section 68f Supervision of Conduct without Suspension of the Remainder of Punishment 1 If imprisonment for at least two years for an intentional crime or imprisonment for at least one year for a crime named in Section b has been fully executed, then supervision of conduct enters into force upon the release of the convicted person from serving his sentence.
Section 68g Supervision of Conduct, Suspension of Sentence and Probation 1 If suspension of the execution of all or the remainder of punishment has been ordered or prohibition of engagement in a profession has been suspended and probation granted and the convicted person is subject at the same time to supervision of conduct because of the same or another act, then only Sections 68a and 68b shall apply in relation to supervision and the issuance of instructions.
Withdrawal of Permission to Drive Section 69 Withdrawal of Permission to Drive 1 If someone is convicted of an unlawful act 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, 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 withdraw his permission to drive if the act reveals that he is unfit to drive a motor vehicle.
Section 69a Bar to Granting Permission to Drive 1 If the court withdraws the permission to drive, then it shall simultaneously provide that no new permission to drive may be granted for a period of from six months to five years bar.
Section 69b Effect of Withdrawal on Foreign Permission to Drive 1 If the perpetrator is permitted to drive motor vehicles in Germany on the basis of permission to drive granted abroad, without having been granted permission to drive by a German public authority, then the withdrawal of permission to drive has the effect of a deprivation of the right to make use of permission to drive in Germany.
Prohibition of Engagement in a Profession Section 70 Order of Prohibition of Engagement in a Profession 1 If someone is convicted of an unlawful act, which he committed in abuse of his profession or trade or in gross violation of the duties associated therewith, 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 may prohibit him from engaging in the profession, branch of profession, occupation, trade or branch of trade, for a period of from one year to five years, if a comprehensive evaluation of the perpetrator and the act reveals a danger, that by further engagement in the profession, branch of profession, occupation, trade or branch of trade he will commit serious unlawful acts of the type indicated.
Section 70a Suspension of the Prohibition of Engagement in a Profession 1 If, after an order of prohibition of engagement in a profession, there appear grounds for the assumption that the danger no longer exists that the perpetrator will commit serious unlawful acts of the type indicated in Section 70 subsection 1 , then the court may suspend the prohibition and grant probation.
Section 70b Revocation of the Suspension and Termination of the Prohibition of Engagement in a Profession 1 The court shall revoke the suspension of the prohibition of engagement in a profession, if the convicted person: 1.
Section 72 Combination of Measures 1 If the prerequisites for more than one measure are fulfilled, yet the desired objective may be attained through individual measures, then only those shall be ordered.
Title Seven Forfeiture And Confiscation Section 73 Prerequisites for Forfeiture 1 If an unlawful act has been committed and the perpetrator or inciter or accessory has acquired something as a result thereof or for the purpose of committing it, then the court shall order its forfeiture.
Section 73a Forfeiture of the Replacement Value To the extent that the forfeiture of a particular object is impossible due to the nature of what was acquired or for some other reason or because forfeiture of a replacement object pursuant to Section 73 subsection 2 , sent.
Section 73b Estimation The extent of what has been acquired and its value, as well as the amount of the claim the satisfaction of which would deprive the perpetrator or inciter or accessory of that which was acquired, may be estimated.
Section 73c Hardship Provision 1 Forfeiture shall not be ordered to the extent it would constitute an undue hardship for the person affected.
Section 73d Extended Forfeiture 1 If an unlawful act has been committed pursuant to a law which refers to this provision, then the court shall also order the forfeiture of objects of the perpetrator or inciter or accessory if the circumstances justify the assumption that these objects were acquired as a result of unlawful acts, or for the purpose of committing them.
Section 73e Effect of Forfeiture 1 If forfeiture of an object is ordered, then ownership of the property or the right forfeited shall pass to the state when the decision becomes final, if the person affected by the order has a claim thereto at the time.
Section 74 Prerequisites for Confiscation 1 If an intentional crime has been committed, then objects which were generated thereby or used or intended for use in its commission or preparation may be confiscated.
Section 74a Extended Prerequisites for Confiscation If the law refers to this provision, then objects may also be confiscated, as an exception to Section 74 subsection 2 , no.
Section 74b Principle of Proportionality 1 If confiscation is not prescribed, then it may not be ordered in cases under Sections 74 subsection 2 , no.
Particular consideration shall be given to instructions: 1. Section 74c Confiscation of Replacement Value 1 If the perpetrator or inciter or accessory has used, particularly through alienation or consumption, the object which he owned or had a claim to at the time of the act and which could have been subject to confiscation, or if he has otherwise obstructed the confiscation of the object, then the court may order the confiscation from the perpetrator or inciter or accessory of a sum of money no greater than an amount equivalent to the value of the object.
Section 74d Confiscation of Writings and Rendering Unusable 1 Writings Section 11 subsection 3 , which have a content such that every intentional dissemination with knowledge of their content would satisfy the elements of a penal norm, shall be confiscated if at least one copy was disseminated by means of an unlawful act or was intended for such dissemination.
Confiscation and rendering unusable shall, however, only be ordered to the extent that: 1. Section 74e Effect of Confiscation 1 If an object is confiscated, then ownership of the property or the right confiscated shall pass to the state when the decision becomes final.
Section 74f Compensation 1 If a third party had a claim of ownership in the property or the confiscated right at the time the decision on confiscation or rendering unusable became final or if the object was encumbered by a right of a third party which was extinguished or interfered with by the decision, then the third party shall be appropriately compensated in money from the public treasury taking into consideration the fair market value.
Common Provisions Section 76 Subsequent Order of Forfeiture or Confiscation of Replacement Value If an order of forfeiture or confiscation of an object is not practicable or insufficient because one of the preconditions indicated in Sections 73a, 73d subsection 2 , or 74c has occurred or become known, then the court may subsequently order the forfeiture or confiscation of the replacement value.
Section 76a Independent Orders 1 If for factual reasons no particular person may be prosecuted or convicted of the crime, then forfeiture or confiscation of the object or the replacement value or its rendering unusable may be independently ordered if the preconditions under which the measure is prescribed or permitted otherwise exist.
Chapter Four Criminal Complaint, Authorization, Request For Prosecution Section 77 Persons Entitled to File a Complaint 1 If the act may only be prosecuted upon complaint, then, to the extent the law does not provide otherwise, the aggrieved party may file a complaint.
Section 77a Complaint by a Superior in the Public Service 1 If the act has been committed by or against a public official, a person with special public service obligations, or a soldier in the Federal Armed Forces and may be prosecuted upon complaint by his superior in the public service under whom the concerned person served at the time of the act, then that superior in the public service is entitled to file the complaint.
Section 77b Period for Filing a Complaint 1 An act, which may only be prosecuted upon complaint, shall not be prosecuted if the person entitled to file the complaint fails to file the complaint before the expiration of a three-month period.
Section 77d Withdrawal of the Complaint 1 The complaint may be withdrawn. Section 77e Authorization and Request for Prosecution If the act may be prosecuted only with authorization or upon a request for prosecution, then Sections 77 and 77d shall apply accordingly.
Section 78a Commencement The statute of limitations shall commence to run as soon as the act is completed. Section 78b Tolling 1 The statute of limitations shall be tolled: 1.
Section 78c Interruption 1 The running of the statute of limitations shall be interrupted by: 1. Section 79a Tolling The statute of limitations shall be tolled: 1.
Section 79b Extension The court may, upon application of the executing authority, extend the period of limitation once before its expiration by one half of the statutory period of limitation, if the convicted person is staying in a territory from which his extradition or transfer can not be obtained.
Section 80a Incitement to a War of Aggression Whoever publicly incites to a war of aggression Section 80 in a meeting or through the dissemination of writings Section 11 subsection 3 in the territorial area of application of this law shall be punished with imprisonment from three months to five years.
Section 82 High Treason Against a Land 1 Whoever undertakes with force or through threat of force: 1. Section 83 Preparation of a High Treasonous Undertaking 1 Whoever prepares a specific high treasonous undertaking against the federal government shall be punished with imprisonment from one year to ten years, in less serious cases with imprisonment from one year to five years.
Section 83a Active Remorse 1 In cases under Sections 81 and 82 the court in its discretion may mitigate the punishment Section 49 subsection 2 or refrain from the imposition of punishment pursuant to these provisions, if the perpetrator voluntarily renounces the further execution of the act and averts or substantially lessens a known danger that others will further execute the undertaking, or if he voluntarily prevents the completion of the act.
Title Three Endangering The Democratic Rule of Law Section 84 Continuation of a Party Which Has Been Declared to be Unconstitutional 1 Whoever, within the territorial area of application of this law, as ringleader or supporter, maintains the organizational cohesion of: 1.
Section 85 Violation of a Ban of an Organization 1 Whoever, within the territorial area of application of this law, as ringleader or supporter, maintains the organizational cohesion of: 1.
Section 86 Dissemination of Means of Propaganda of Unconstitutional Organizations 1 Whoever domestically disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination domestically or abroad, means of propaganda: 1.
Section 87 Activity as an Agent for the Purpose of Sabotage 1 Whoever carries out a commission of a government, organization or institution outside of the territorial area of application of this law in preparation of acts of sabotage which are to be committed in this area of application, by: 1.
Section 88 Anti-Constitutional Sabotage 1 Whoever, as ringleader or supporter of a group or individually, without acting with or for such a group, intentionally causes, by acts of interference within the territorial area of application of this law, that: 1.
Section 89 Anti-Constitutional Influence on the Federal Armed Forces and Public Security Organs 1 Whoever systematically exerts influence on members of the Federal Armed Forces or of a public security organ in order to undermine their duty-bound readiness to protect the security of the Federal Republic of Germany or the constitutional order and thereby intentionally gives support to efforts against the continued existence or security of the Federal Republic of Germany or against its constitutional principles, shall be punished with imprisonment for not more than five years or a fine.
StGB Anwendung. Die Bestimmungen de. Einführung in die Problematik. Überblick über die Verjährungs- und Wiederaufnahmevorschriften. Konzept für die Bearbeitung des Themas.
Kapitel Die Wiedera. Mitwirkung am Selbstmord. Wer einen anderen dazu verleitet, sich selbst zu töten, oder ihm dazu Hilfe leistet, ist.Section Causing The Grand Las Vegas danger by poisoning. Section 89a Preparation of serious violent offence endangering state. Technical Specs. If, in the cases under sentence 1, the offender causes the procured person to be brought into Germany or taken abroad, the penalty is imprisonment for a term not exceeding five years or a fine.