Nuclear Facility

Nuclear Facility in Europe

Construction of a Defective Nuclear Facility in Germany

Provisions relating to construction of a defective nuclear facility 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 312 Construction of a defective nuclear facility, which reads: (1) Whosoever constructs or delivers a defective nuclear facility (section 330d No 2) or objects which are intended for the construction or operation of such a facility, and thereby causes a danger for the life or limb of another person or for property of significant value belonging to another arising from the effects of an incident of nuclear fission or radiation from radioactive materials shall be liable to imprisonment from three months to five years. (2) The attempt shall be punishable. (3) If by the offence the offender causes serious injury to another person or injury to a large number of people the penalty shall be imprisonment from one to ten years. (4) If by the offence the offender causes the death of another person the penalty shall be imprisonment of not less than three years (5) In less serious cases under subsection (3) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsection (4) above imprisonment from one to ten years. (6) Whosoever in cases under subsection (1) above 1. negligently causes the danger; or 2. acts grossly negligently and negligently causes the danger shall be liable to imprisonment not exceeding three years or a fine.

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Notes

  1. The content of the translated German penal code in relation to construction of a defective nuclear facility is current as of 2010

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