Criminal Law Terms

Criminal Law Terms in Europe

Definition of Criminal Law Terms in Germany

Provisions relating to definition of criminal law terms in the German Criminal Code [1]: This criminal issue is covered by Chapter One the Criminal Lawunder the Second Title, Terminology,” located in Section 11 Definitions, which reads: (1) For the purposes of this law ‘relative’ means any member of the following category of persons: relations by blood or marriage in direct line, the spouse, the same sex partner, the fiancΓ© (e)-also within the meaning of the Same Sex Partnership Act-, siblings, the spouses or same sex partners of siblings, siblings of spouses or same sex partners, even if the marriage or same sex partnership upon which the relationship was based no longer exists, or when the relationship by blood or marriage has ceased to exist; foster parents and foster children; 1. ‘public official’ means any of the following if under German law they are civil servants or judges; otherwise carry out public official functions; or have otherwise been appointed to serve with a public authority or other agency or have been commissioned to perform public administrative services regardless of the organisational form chosen to fulfil such duties; 2. ‘judge’ means any person who under German law is 3. either a professional or a lay judge; ‘persons entrusted with special public service functions’ means any person who, without being a public official, is employed by, or is acting for a public authority or other agency, which performs public administrative services; or an association or other union, business or enterprise, which carries out public administrative services for a public authority or other agency, and who is formally required by law to fulfil their duties with due diligence; 5. ‘unlawful act’ exclusively means an act that fulfils all the elements of a criminal provision; Unternehmen (undertaking)’ of an offence means 6. both attempt and completion; 7. ‘public authority’ also means a court; 8. ‘measure’ means the measures of rehabilitation and incapacitation, confiscation, deprivation and destruction; 9. ‘consideration’ means any material benefit given in exchange for someones acts. (2) An act is also deemed intentional for the purposes of this law, if it fulfils the statutory elements of an offence, which requires intent in relation to the offenders conduct but lets negligence suffice as to a specific result caused thereby. (3) Audiovisual media, data storage media, illustrations and other depictions shall be equivalent to written material in the provisions which refer to this subsection.

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Notes

  1. The content of the translated German penal code in relation to definition of criminal law terms is current as of 2010

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