Avoiding Prosecution

Avoiding Prosecution in Europe

Assistance in Avoiding Prosecution or Punishment in Germany

Provisions relating to assistance in avoiding prosecution or punishment in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-one, under the heading “Assistance After the Fact and Handling Stolen Goods,” located in Section 258 Assistance in avoiding prosecution or punishment, which reads: (1) Whosoever intentionally or knowingly obstructs in whole or in part the punishment of another in accordance with the criminal law because of an unlawful act or his being subjected to a measure (section 11 (1) No 8) shall be liable to imprisonment of not more than five years or a fine. (2) Whosoever intentionally or knowingly obstructs in whole or in part the enforcement of a sentence or measure imposed on another shall incur the same penalty. (3) The penalty must not be more severe than that for the act. (4) The attempt shall be punishable. (5) Whosoever by the offence simultaneously intends to avoid, in whole or in part, his own punishment or being subjected to a measure or that a sentence or measure imposed on him be enforced shall not be liable under this provision. (6) Whosoever commits the offence for the benefit of a relative shall be exempt from liability.

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Notes

  1. The content of the translated German penal code in relation to assistance in avoiding prosecution or punishment is current as of 2010

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