Intelligence Service

Intelligence Service in Europe

Working as an Agent for an Intelligence Service in Germany

Provisions relating to working as an agent for an intelligence service 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 99 Working as an agent for an intelligence service, which reads: (1) Whosoever engages in intelligence activity for the intelligence service of a foreign power against the Federal Republic of Germany which is directed toward communication or supply of facts, objects or knowledge; or 1. declares to the intelligence service of a foreign power or one of its intermediaries his willingness to engage in such activity, 2. shall be liable to imprisonment of not more than five years or a fine unless the offence is punishable under section 94, section 96 (1), section 97a, or section 97b in conjunction with section 94 or section 96 (1). (2) In especially serious cases the penalty shall be imprisonment from one to ten years. An especially serious case typically occurs if the offender communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he abuses a position of responsibility which especially mandates h 1. im to safeguard such secrets; or 2. through the offence creates the danger of serious prejudice to the Federal Republic of Germany. (3) Section 98 (2) shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to working as an agent for an intelligence service is current as of 2010

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