Illegal Secrets

Illegal Secrets in Europe

Disclosure Based on Mistaken Assumption That Secret is Illegal in Germany

Provisions relating to disclosure based on mistaken assumption that secret is illegal 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 97b Disclosure based on mistaken assumption that secret is illegal, which reads: (1) If the offender in cases under sections 94 to 97 mistakenly assumes that a state secret is a secret of the kind indicated in section 97a he shall be punished pursuant to the those provisions if he could h 1. ave avoided the mistake; 2. he did not act with the intention of preventing the alleged violation; or the act is, under the circumstances, not an appropriate means to accomplish that purpose.The act is typically not an appropriate means if the offender did not previously seek a remedy from a member of the Federal Parliament. 3. (2) If the state secret was confided or made accessible to the offender in his capacity as a public official or soldier in the Armed Forces he shall also incur liability if he did not previously seek a remedy from a superior in government service, or in the case of a soldier from a superior disciplinary officer. This shall apply mutatis mutandis to persons entrusted with special public service functions and to persons under a duty within the meaning of section 353b (2).

Disclosure of Illegal Secrets in Germany

Provisions relating to disclosure of illegal secrets 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 97a Disclosure of illegal secrets, which reads: Whosoever communicates a secret, which is not a state secret because of one of the violations indicated in section 93 (2), to a foreign power or one of its intermediaries and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished as if he had committed treason (section 94). Section 96 (1), in conjunction with section 94 (1) No 1 shall apply mutatis mutandis to secrets of the kind indicated in the 1st

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Notes

  1. The content of the translated German penal code in relation to disclosure of illegal secrets is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to disclosure based on mistaken assumption that secret is illegal is current as of 2010

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