German Criminal System

German Criminal System

Note: See also the German Criminal Code. For details on the German legal system, please see here.

Contents

Information on the following topics in relation to German penal law are available in this European legal encyclopedia:

  • Supervision order
  • Mutual insults
  • Violating the memory of the dead
  • Foreign money, stamps and securities
  • Affirmations equivalent to oath
  • Attempt to abet false testimony
  • Parliamentary reports
  • No punishment without law
  • Offences committed on the territory of the Federal Republic of Germany
  • Special provisions for juveniles and young adults
  • Intent and negligence
  • Lack of criminal capacity of children
  • Determination of fixed-term imprisonment
  • Meaning of deception in the context of data processing
  • Excessive self-defence
  • Subsequent decisions
  • Negligent manslaughter
  • Supervision order
  • Causing bodily harm by negligence
  • Consent
  • Arson by negligence
  • Rail traffic on roads
  • Making false entries in public records
  • Omission of an official act
  • Disturbing the exercise of religion
  • Disturbing a funeral
  • Authorisation; request by a foreign state
  • Definition of offence
  • Multiple orders
  • Abetting
  • Separate criminal liability of the accomplice
  • Assistance after the fact
  • Assistance in avoiding prosecution or punishment
  • Handling on a commercial basis or as a member of a gang
  • Handling stolen goods
  • Money laundering; hiding unlawfully obtained financial benefits
  • Assistance given in official capacity
  • Commercial handling as a member of a gang
  • Defamation
  • Defamation of persons in the political arena
  • Fair comment; defence
  • Insult
  • Insult despite proof of truth
  • Intentional defamation
  • Proof of truth by criminal judgment
  • Publication of the conviction
  • Request to prosecute
  • Circulation of counterfeit money
  • Counterfeiting money
  • Counterfeiting official stamps
  • Extended confiscation and deprivation
  • Preparatory acts
  • Securities
  • Counterfeiting of credit cards, etc, and blank eurocheque forms
  • Counterfeiting of debit cards, etc, cheques, and promissory notes
  • Criminal damage
  • Damage to objects of public interest
  • Destruction of buildings
  • Computer sabotage
  • Data tampering
  • Destruction of important means of production etc
  • Request to prosecute
  • Avoiding enforcement of judgments
  • Causing a danger of being impounded to ships, motor-vehicles and aircraft by taking prohibited goods on board etc
  • Confiscatory expropriation order, extended confiscation and deprivation orders
  • Deprivation order
  • Organising an unlawful lottery etc
  • Organising unlawful gaming
  • Participation in unlawful gaming
  • Poaching
  • Taking of pawns
  • Taking or destroying fish
  • Unlawful use of pawns
  • Usury
  • False accusation
  • Publication of conviction
  • Correction of false testimony
  • Duress
  • False sworn affidavits
  • False testimony
  • International Courts; national commissions of inquiry
  • Negligent offences
  • Perjury
  • Procuring false testimony
  • Parliamentary statements
  • Conditions for warning and deferment
  • Discharge
  • Operational period, conditions and directions
  • Order for deferred sentence to take effect
  • Warning and deferment in cases of aggregate sentences
  • Jurisdiction ratione temporis; lex mitior
  • Offences committed abroad against domestic legal interests
  • Offences committed abroad against internationally protected legal interests
  • Offences committed abroad-other cases
  • Offences committed on German ships and aircraft
  • Place of the offence
  • Time of the offence
  • Preparation of a war of aggression
  • Incitement to a war of aggression
  • Acting for another
  • Aggravated sentence based on special consequences of the offence
  • Diminished responsibility
  • Insanity
  • Mistake of fact
  • Mistake of law
  • Omissions
  • Limitation period
  • Commencement
  • Interruption
  • Stay of limitation
  • Allowing time for payment; instalments
  • Day fine units
  • Fines in addition to imprisonment
  • Imprisonment for default of payment
  • Loss of ability to hold public office, to vote and be elected in public elections
  • Temporary driving ban
  • Term of imprisonment
  • Confiscatory expropriation order
  • Entry into effect and calculation of duration
  • Reinstatement
  • Acquisition of false official identity documents
  • Causing wrong entries to be made in public records
  • Forgery
  • Forgery of data intended to provide proof
  • Forgery of health certificates
  • Forgery of technical records
  • Issuing incorrect health certificates
  • Misuse of identity documents
  • Preparatory acts to tampering with official identity documents
  • Suppression of documents; changing a border mark
  • Tampering with official identity documents
  • Using incorrect health certificates
  • Papers relating to rights of residence; vehicle papers
  • Definition of terms
  • Ancillary measures
  • Deprivation
  • Necessity
  • Self-defence
  • Aggregate sentence and suspension of sentence
  • Conditional early release-fixed-term imprisonment
  • Power of court to suspend sentence
  • Conditional early release-life imprisonment
  • Conditional early release-life imprisonment as aggregate sentence
  • Conditions
  • Directions
  • Operational period
  • Order for suspended sentence to take effect
  • Remission of sentence
  • Embezzlement and abuse of trust
  • Fraud
  • Insurance fraud
  • Subsidy fraud
  • Capital investment fraud
  • Computer fraud
  • Misuse of cheque and credit cards
  • Non-payment and misuse of wages and salaries
  • Obtaining credit by deception
  • Obtaining services by deception
  • Blackmailing constitutional organs
  • Blackmailing the President of the Federation and members of constitutional organs
  • Blackmailing voters
  • Disruption of election process
  • Bribing delegates
  • Bribing voters
  • Deceiving voters
  • Disrupting the work of a legislative body
  • Falsification of election documents
  • Falsification of election results
  • Jurisdiction
  • Violation of secrecy of elections
  • Attacks against organs and representatives of foreign states
  • Defamation of organs and representatives of foreign states
  • Violation of flags and state symbols of foreign states
  • Conditions for prosecution
  • Abandonment
  • Abortion
  • Counselling of the pregnant woman in a situation of emergency or conflict
  • Killing at the request of the victim; mercy killing
  • Murder
  • Murder under mitigating circumstances
  • Murder under specific aggravating circumstances
  • Abortion without or under incorrect medical certification
  • Advertising services for abortion
  • Distribution of substances for the purpose of abortion
  • Exception to liability for abortion
  • Violation of medical duties in connection with an abortion
  • Abduction for the purpose of abandonment or facilitating service in foreign military or para-military forces
  • Abduction of minors from the care of their parents etc
  • Child trafficking
  • Human trafficking for the purpose of sexual exploitation
  • Human trafficking for the purpose of work exploitation
  • Stalking
  • Threatening the commission of a felony
  • Unlawful imprisonment
  • Using threats or force to cause a person to do, suffer or omit an act
  • Abduction for the purpose of blackmail
  • Assisting in human trafficking
  • Causing a danger of political persecution through use of force, threats or deception
  • Causing the danger of political persecution by informing onperson
  • Supervision order, extended confiscation
  • Taking hostages
  • Abuse of emergency phones; tampering with means of accident prevention and first aid
  • Aggravated burglary
  • Arrogation of public office
  • Breach of the public peace by threatening to commit offences
  • Burglary
  • Defacing official notices
  • Destruction of materials under official safekeeping
  • Destruction of objects under seizure or seal
  • Dissemination of depictions of violence
  • Exceptions to liability
  • Forming armed groups
  • Forming criminal organisations
  • Incitement to hatred
  • Leaving the scene of an accident without cause
  • Omission to bring planned offences to the attention of the authorities
  • Rewarding and approving of offences
  • Rioting
  • Abuse of titles, professional classifications and symbols
  • Aggravated cases of rioting
  • Attempting to cause the commission of offences by means of publication
  • Criminal and terrorist organisations abroad; extended confiscation and deprivation
  • Forming terrorist organisations
  • Misleading the authorities about the commission of an offence
  • Violating the directions of a supervision order
  • Violation of a professional disqualification
  • Abuse of juveniles
  • Abuse of persons who are incapable of resistance
  • Abuse of position of trust
  • Causing minors to engage in sexual activity
  • Child abuse
  • Distribution of pornography
  • Exhibitionism
  • Sexual assault by use of force or threat of force and rape causing death
  • Sexual assault by use of force or threats; rape
  • Abuse of a relationship of counselling, treatment or care
  • Abuse of official position
  • Aggravated child abuse
  • Causing a public disturbance
  • Child abuse causing death
  • Confiscatory expropriation and extended confiscation
  • Controlling prostitution
  • Definitions
  • Distribution of pornographic performances by broadcasting, media services or telecommunications services
  • Distribution of pornography depicting violence or sodomy
  • Distribution, acquisition and possession of child pornography
  • Distribution, acquisition and possession of juvenile pornography
  • Exploitation of prostitutes
  • Prostitution likely to corrupt juveniles
  • Sexual abuse of prisoners, patients and institutionalised persons
  • Unlawful prostitution
  • Aggravated cases of environmental offences
  • Air pollution
  • Endangering protected areas
  • Unlawful disposal of dangerous waste
  • Unlawful handling of radioactive substances, dangerous substances and goods
  • Unlawful operation of facilities
  • Water pollution
  • Causing a severe danger by releasing poison
  • Causing noise, vibrations and non-ionising radiation
  • Deprivation order
  • Preventing completion of the offence
  • Soil pollution
  • Avoiding draft by mutilation
  • Ancillary measures
  • Avoiding draft by deception
  • Disruptive propaganda against the Armed Forces
  • Intelligence activity endangering national security
  • Recruiting for foreign armed forces
  • Sabotage against means of defence
  • Taking or drawing pictures etc endangering national security
  • Causing bodily harm
  • Causing bodily harm by dangerous means
  • Causing grievous bodily harm
  • Infliction of bodily harm causing death
  • Taking part in a brawl
  • Acts preparatory to causing an explosion or radiation offence
  • Arson
  • Causing a common danger by poisoning
  • Causing a nuclear explosion
  • Causing an explosion
  • Causing damage to important facilities
  • Causing danger during construction works
  • Causing flooding
  • Construction of a defective nuclear facility
  • Dangerous disruption of rail, ship and air traffic
  • Disruption of telecommunications facilities
  • Driving while under the influence of drink or drugs
  • Misuse of ionising radiation
  • Preventing completion of the offence
  • Releasing ionising radiation
  • Attacking a driver for the purpose of committing a robbery
  • Additionally aggravated arson
  • Aggravated arson
  • Arson causing death
  • Attacks on air and maritime traffic
  • Causing the danger of fire
  • Committing offences in a senselessly drunken state
  • Dangerous disruption of road traffic
  • Disruption of public services
  • Endangering rail, ship and air traffic
  • Endangering road traffic
  • Endangering the treatment of addicts
  • Omission to effect an easy rescue
  • Aggravated cases
  • Ancillary measures
  • Arbitration fees
  • Causing bodily harm while exercising a public office
  • Confiscatory expropriation order and extended confiscation
  • Demanding excessive fees
  • Enforcing penal sanctions against innocent persons
  • Forcing someone to make a statement
  • Giving bribes
  • Giving bribes as an incentive to the recipients violating his official duties
  • Incitement of a subordinate to the commission of offences
  • Intentionally or knowingly prosecuting innocent persons
  • Levying excessive taxes; granting reduced benefits
  • Perverting the course of justice
  • Taking bribes
  • Taking bribes meant as an incentive to violating ones official duties
  • Violating the attorney-client relationship
  • Violation of the tax secret
  • Abuse of trust in the Foreign Service
  • Breach of official secrets and special duties of confidentiality
  • Unlawful disclosure of facts sub judice
  • Bankruptcy
  • Aggravated bankruptcy
  • Extending unlawful benefits to creditors
  • Extending unlawful benefits to debtors
  • Violation of book-keeping duties
  • Defamation of religions, religious and ideological associations
  • Desecration of graves
  • Bigamy
  • Falsification of personal status
  • Incest
  • Non-payment of child support etc
  • Violation of duties of care or education
  • Locus standi for request
  • Offences committed mutually
  • Request bysuperior
  • Time limit
  • Withdrawal of request
  • Facilitating escape of prisoners
  • Mutiny by prisoners
  • Public incitement to crime
  • Resisting enforcement officers
  • Resisting persons equal to enforcement officers
  • Aggravated cases of taking and giving bribes in commercial practice
  • Restricting competition through agreements in the context of public bids
  • Taking and giving bribes in commercial practice
  • Aggravated robbery
  • Blackmail
  • Blackmail and use of force or threats against life or limb
  • Robbery
  • Robbery causing death
  • Supervision order, confiscatory expropriation order and extended confiscation
  • Theft and use of force to retain stolen goods
  • Liability for attempt
  • Withdrawal
  • High treason against a member state
  • High treason against the Federation
  • Preparation of an enterprise directed at high treason
  • Preventing completion of offence
  • Prolongation
  • Effect of time spent in custody
  • Multiple mitigating circumstances
  • Principles of sentencing
  • Short terms of imprisonment as the exception
  • Special mitigating circumstances established by law
  • Contributing to the discovery or prevention of serious offences
  • Reconciliation; restitution
  • Definition of Criminal Law terms
  • Felonies and misdemeanours
  • Conditions of confiscation
  • Conditions of deprivation
  • Special provision for organs and representatives
  • Subsequent orders for confiscation or deprivation of monetary value
  • Assessment of value
  • Compensation
  • Confiscation of monetary value
  • Deprivation and destruction of publication media
  • Deprivation of monetary value
  • Effect of confiscation
  • Effect of deprivation
  • Extended conditions of deprivation
  • Extended confiscation
  • Hardship
  • Independent orders
  • Principle of proportionality
  • Conditions of supervision
  • Custodial addiction treatment order
  • Detention for the purpose of incapacitation
  • Disqualification order
  • Independent orders
  • Mental hospital order
  • Order for professional disqualification
  • Orders for joint measures
  • Overview
  • Principle of proportionality
  • Sequence of enforcement
  • Limited order for measure taking effect; crisis intervention
  • Deferred incapacitation order
  • Deferred start date of detention
  • Duration
  • Duration of detention
  • Effect of disqualification in case of foreign licence
  • Immediate order for suspended measure
  • Order for period before new licence may be issued
  • Order suspending professional disqualification
  • Review
  • Revocation of order
  • Revocation of suspended measure
  • Subsequent incapacitation order
  • Supervising authority, probation support, forensic ambulance service
  • Supervision after serving full sentence
  • Supervision coinciding with suspended sentence, conditional early release or suspended professional disqualification order
  • Termination or stay of supervision
  • Transfer to another measure
  • Aggravated theft
  • Carrying weapons; acting as a member of a gang; burglary of private homes
  • Theft
  • Theft from relatives or persons living in the same home
  • Unlawful appropriation
  • Aggravated gang theft
  • Theft and unlawful appropriation of objects of minor value
  • Theft of electrical energy
  • Unlawful taking of a motor-vehicle or bicycle
  • Acting as a secret agent with the aim of sabotage
  • Continuation of a political party declared unconstitutional
  • Defamation of the President of the Federation
  • Dissemination of propaganda material of unconstitutional organisations
  • Encouraging the commission of a serious violent offence endangering the state
  • Exerting anti-constitutional influence on the Armed Forces and public security forces
  • Sabotage against the constitution
  • Violation of a ban on forming an association
  • Anti-constitutional defamation of constitutional organs
  • Defamation of the state and its symbols
  • Establishing contacts for the purpose of committing a serious violent offence endangering the state
  • Preparation ofserious violent offence endangering the state
  • Using symbols of unconstitutional organisations
  • Aiding
  • Conspiracy
  • Principals
  • Special personal characteristics
  • Withdrawal from conspiracy
  • Fixing of aggregate sentence
  • Multiple offences committed by multiple acts
  • One act violating multiple laws or the same law more than once
  • Subsequent fixing of aggregate sentence
  • Definition of state secret
  • Disclosure of state secrets and negligently causing danger
  • Disclosure of state secrets with intent to cause damage
  • Engaging in relations that endanger peace
  • Treason
  • Treasonous activity as an agent
  • Treasonous espionage; spying on state secrets
  • Working as an agent for an intelligence service
  • Disclosure based on mistaken assumption that secret is illegal
  • Disclosure of illegal secrets
  • Treasonous forgery
  • Exploitation of the secrets of another
  • Violation of private secrets
  • Violation of the postal and telecommunications secret
  • Violation of the privacy of the spoken word
  • Violation of the privacy of the written word
  • Acts preparatory to data espionage and phishing
  • Data espionage
  • Phishing
  • Violation of intimate privacy by taking photographs

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