Destruction of Materials

Destruction of Materials in Europe

Destruction of Materials Under Official Safekeeping in Germany

Provisions relating to destruction of materials under official safekeeping in the German Criminal Code [1]: This criminal issue is covered by Chapter Seven, under the heading “Offences Against Public Order,” located in Section 133 Destruction of materials under official safekeeping, which reads: (1) Whosoever destroys, damages or removes from official access documents or other chattels in official safekeeping or which have been officially placed in his or anothers safekeeping, shall be liable to imprisonment of not more than two years or a fine. (2) The same shall apply to documents or other chattels in the official safekeeping of a church or another religious association under public law or which have been officially placed by them in the safekeeping of the offender. (3) Whosoever commits the offence in relation to an object which has been entrusted to or made accessible to him as a public official or a person entrusted with special public service functions shall be liable to imprisonment of not more than five years or a fine.

Destruction of Objects Under Seizure or Seal in Germany

Provisions relating to destruction of objects under seizure or seal in the German Criminal Code [1]: This criminal issue is covered by Chapter Seven, under the heading “Offences Against Public Order,” located in Section 136 Destruction of objects under seizure or seal, which reads: (1) Whosoever destroys, damages or entirely or in part removes an object under lien or otherwise under official seizure, shall be liable to imprisonment of not more than one year or a fine. (2) Whosoever damages, replaces or defaces an official seal applied in order to seize, officially seal or mark objects, or whosoever entirely or in part renders the attachment produced by the seal ineffective, shall incur the same penalty. (3) The offence shall not be punishable under subsections (1) and (2) above if the lien, the seizure or the application of the seal was not executed by lawful official act. This shall also apply if the offender mistakenly assumes that the official act was lawful. (4) Section 113 (4) shall apply mutatis mutandis.

Resources

Notes

  1. The content of the translated German penal code in relation to destruction of objects under seizure or seal is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to destruction of materials under official safekeeping is current as of 2010

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