Breach of the Public Peace in Europe
Breach of the Public Peace by Threatening to Commit Offences in Germany
Provisions relating to breach of the public peace by threatening to commit offences in the German Criminal Code [1]: This criminal issue is covered by Chapter Seven, under the heading “Offences Against Public Order,” located in Section 126 Breach of the public peace by threatening to commit offences, which reads: (1) Whosoever, in a manner capable of disturbing the public peace, threatens to commit 1. an offence of rioting indicated in section 125a 2nd sentence Nos 1 to 4; murder under specific aggravating circumstances (section 211), murder (section 212) or genocide (section 6 of the Code of International Criminal Law) or a crime against humanity (section 7 of the Code of International Criminal Law) or a war crime (section 8, section 9, section 10, section11 or section 12 of the Code of International Criminal Law); 2. 3. grievous bodily harm (section 226); 4. an offence against personal freedom under section 232 (3), (4), or (5), section 233 (3), each to the extent it involves a felony, section 234, section 234a, section 239a or section 239b; robbery or blackmail with force or threats to life and limb (sections 249 5. to 251 or section 255); a felony endangering the public under sections 306 to 306c or section 307 (1) to (3), section 308 (1) to (3), section 309 (1) to (4), section 313, section 314 or section 315 (3), section 315b (3), section 316a (1) or (3), section 316c (1) or (3) or section 318 (3) or (4); or 6. a misdemeanour endangering the public under section 309 (6), section 311 (1), section 316b (1), section 317 (1) or section 318 (1), 7. shall be liable to imprisonment of not more than three years or a fine. (2) Whosoever intentionally and knowingly and in a manner capable of disturbing the public peace pretends that the commission of one of the unlawful acts named in subsection (1) above is imminent, shall incur the same penalty.
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Notes
- The content of the translated German penal code in relation to breach of the public peace by threatening to commit offences is current as of 2010