Deprivation in Europe
Deprivation in Germany
Provisions relating to deprivation in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Fourth Title, Common Provisions,” located in Section 92b Deprivation, which reads: If an offence under this chapter has been committed 1. objects generated by the offence or used or intended for use in its commission or preparation; and 2. objects mentioned in the offences under section 80a, section 86, section 86a, sections 89a to 91 may be subject to a deprivation order. Section 74a shall apply.
Deprivation in Germany
Provisions relating to deprivation in the German Criminal Code [1]: This criminal issue is covered by Chapter Five, under the heading “Offences Against the National Defence,” located in Section 109k Deprivation, which reads: If an offence under sections 109d to 109g has been committed objects, which were generated by the offence or used or intended for use in its 1. commission or preparation; and 2. illustrations, descriptions and photographs relating to an offence under section 109g may be subject to a deprivation order. Section 74a shall apply. Objects of the type indicated in the 1st sentence No 2 shall be subject to a deprivation order even if the conditions of section 74 (2) are not met, if so required by national defence interests; this shall also apply if the offender acted without guilt.
Deprivation in Germany
Provisions relating to deprivation in the German Criminal Code [1]: This criminal issue is covered by Chapter Two, under the heading “Treason and Endangering External National Security,” located in Section 101a Deprivation, which reads: If an offence under this chapter has been committed objects generated by the offence or used or intended for use in its 1. commission or preparation; and 2. objects, which are state secrets, and objects of the kind indicated in offences under section 100a may be subject to a deprivation order. Section 74a shall apply. Objects of the kind indicated in the 1st sentence No 2 above shall be subject to a deprivation order even if the conditions of section 74 (2) are not met if this is necessary in order to avert the danger of a serious prejudice to the external security of the Federal Republic of Germany; this shall also apply if the offender acted without guilt.
Resources
Notes
- The content of the translated German penal code in relation to deprivation is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to deprivation is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to deprivation is current as of 2010