Misuse of Ionising Radiation

Misuse of Ionising Radiation in Europe

Misuse of Ionising Radiation in Germany

Provisions relating to misuse of ionising radiation in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-eight, under the heading “Offences Causing a Common Danger,” located in Section 309 Misuse of ionising radiation, which reads: (1) Whosoever, with the intent of damaging the health of another person undertakes to expose him to ionising radiation capable of damaging his health shall be liable to imprisonment from one to ten years. (2) If the offender undertakes to expose a vast number of persons to such radiation the penalty shall be imprisonment of not less than five years. (3) If by the offence the offender causes serious injury to another person in cases under subsection (1) above or injury to a large number of people the penalty shall be imprisonment of not less than two years. (4) If by the offence the offender at least by gross negligence causes the death of another person the penalty shall be imprisonment for life or not less than ten years. (5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsection (3) above imprisonment from one to ten years. (6) Whosoever with the intent of impairing the usefulness of property of significant 1. value belonging to another, 2. of permanently altering the qualities of a body of water, the air or the soil in a negative manner, or 3. of damaging animals or plants of a significant value belonging to another, exposes the property, the body of water, the air, the soil, the animals or the plants to ionising radiation capable of causing such impairments, alterations or damage, shall be liable to imprisonment not exceeding five years or a fine. The attempt shall be punishable.

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Notes

  1. The content of the translated German penal code in relation to misuse of ionising radiation is current as of 2010

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