Abuse of Official Position

Abuse of Official Position in Europe

Abuse of Official Position in Germany

Provisions relating to abuse of official position in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirteen, under the heading “Offences Against Sexual Self-determination,” located in Section 174b Abuse of official position, which reads: (1) Whosoever in his capacity as a public official charged with participation in criminal proceedings or proceedings with the aim of imposing a custodial measure of rehabilitation and incapacitation or detention imposed by a public authority, by abusing the dependency caused by the proceedings, engages in sexual activity with the person against whom the proceedings are directed or allows them to engage in sexual activity with himself shall be liable to imprisonment from three months to five years. (2) The attempt shall be punishable.

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Notes

  1. The content of the translated German penal code in relation to abuse of official position is current as of 2010

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