Causing Danger

Causing Danger in Europe

Causing Danger During Construction Works in Germany

Provisions relating to causing danger during construction works in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-eight, under the heading “Offences Causing a Common Danger,” located in Section 319 Causing danger during construction works, which reads: (1) Whosoever in the planning, management or execution of the construction or the demolition of a structure violates generally accepted engineering standards and thereby endangers the life or limb of another person shall be liable to imprisonment not exceeding five years or a fine. (2) Whosoever in engaging in a profession or trade violates generally accepted engineering standards in the planning, management or execution of a project to install technical fixtures in a structure or to modify installed fixtures of this nature and thereby endangers the life or limb of another person shall incur the same penalty. (3) Whosoever causes the danger negligently, shall be liable to imprisonment not exceeding three years or a fine. (4) Whosoever in cases under subsections (1) and (2) above acts negligently and causes the danger negligently shall be liable to imprisonment not exceeding two years or a fine.

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Notes

  1. The content of the translated German penal code in relation to causing danger during construction works is current as of 2010

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