Conditions for Prosecution

Conditions for Prosecution in Europe

Conditions for Prosecution in Germany

Provisions relating to conditions for prosecution in the German Criminal Code [1]: This criminal issue is covered by Chapter Three, under the heading “Offences Against Foreign States,” located in Section 104a Conditions for prosecution, which reads: Offences under this chapter shall only be prosecuted if the Federal Republic of Germany maintains diplomatic relations with the other state, reciprocity is guaranteed and was also guaranteed at the time of the offence, a request to prosecute by the foreign government exists, and the Federal Government authorises the prosecution.



  1. The content of the translated German penal code in relation to conditions for prosecution is current as of 2010

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