Offences Committed Abroad in Europe
Offences Committed Abroad Against Domestic Legal Interests in Germany
Provisions relating to offences committed abroad against domestic legal interests in the German Criminal Code [1]: This criminal issue is covered by Chapter One the Criminal Lawunder the First Title, Application, Jurisdiction Ratione Loci et Temporis,” located in Section 5 Offences committed abroad against domestic legal interests, which reads: German criminal law shall apply, regardless of the law applicable in the locality where the act was committed, to the following acts committed abroad: preparation of a war of aggression (section 80); high treason against the Federation (sections 81 to 83); endangering the democratic state under the rule of law in cases under section 89 and section 90a (1), and section 90b, if the offender is German and has his main livelihood in the territory of the Federal Republic of Germany; and in cases under section 90 and section 90a (2); treason and endangering external national security (sections 94 to 100a); offences against the national defence: in cases under section 109 and sections 109e to 109g; and in cases under section 109a, section 109d and section 109h, if the offender is German and has his main livelihood in the territory of the Federal Republic of Germany Causing the danger of political persecution (section 234a, section241a) if the act is directed against a German who has his domicile or usual residence in Germany; abduction of minors in cases under section 235 (2) No 2, if the act is directed against a person who has his domicile or usual residence in Germany; violation of business or trade secrets of a business physically located within the territory of the Federal Republic of Germany, or of an enterprise, which has its seat there, or of an enterprise with its seat abroad and which is dependent on an enterprise with its seat within the territory of the Federal Republic of Germany and which forms a group with the latter; offences against sexual self-determination: in cases under section 174 (1) and (3), if the offender and the victim are German at the time of the offence and have their main livelihood in Germany; and in cases under sections 176 to 176b and section 182, if the offender is German; abortion (section 218), if the offender at the time of the offence is German and has his main livelihood in the territory of the Federal Republic of Germany; false testimony, perjury and false sworn affidavits (sections 153 to 156) in proceedings pending before a court or another German authority within the territory of the Federal Republic of Germany that has the authority to administer oaths or affirmations in lieu of oath; offences against the environment under section 324, section 326, section 330 and section 330a committed within Germanys exclusive economic zone, to the extent that international conventions on the protection of the sea allow for their prosecution as criminal offences; offences under section 328 (2) Nos 3 and 4, (4) and (5), also in conjunction with section 330, if the offender is German at the time of the offence; offences committed by a German public official or a person entrusted with special public service functions during their official stay or in connection with their official duties; acts committed by a foreigner as a public official or as a person entrusted with special public service functions; acts committed against public officials, persons entrusted with special public service functions, or soldiers in the Armed Forces during the discharge of their duties or in connection with their duties; bribing delegates (section 108e) if the offender is German at the time of the offence or the offence was committed vis-à-vis a German; trafficking in human organs (section 18 of the Transplantation Act), if the offender is German at the time of the offence.
Offences Committed Abroad Against Internationally Protected Legal Interests in Germany
Provisions relating to offences committed abroad against internationally protected legal interests in the German Criminal Code [1]: This criminal issue is covered by Chapter One the Criminal Lawunder the First Title, Application, Jurisdiction Ratione Loci et Temporis,” located in Section 6 Offences committed abroad against internationally protected legal interests, which reads: German criminal law shall further apply, regardless of the law of the locality where they are committed, to the following offences committed abroad: 1. (repealed); offences involving nuclear energy, explosives and radiation under section 307 and section 308 (1) to (4), section 309 (2) and section 310; 2. 3. attacks on air and maritime traffic (section 316c); human trafficking for the purpose of sexual exploitation, for the purpose of work exploitation and assisting human trafficking (sectionsection 232 to 233a); 4. 5. unlawful drug dealing; 6. counterfeiting money and securities (section 146, section 151 and section 152), credit cards etc and blank eurocheque forms (section 152b (1) to (4)) as well as the relevant preparatory acts (sectionsection 149, 151, 152 and 152b (5)); 7. 8. subsidy fraud (section 264); offences which on the basis of an international agreement binding on the Federal Republic of Germany must be prosecuted even though committed abroad.
Offences Committed Abroad-other Cases in Germany
Provisions relating to offences committed abroad-other cases in the German Criminal Code [1]: This criminal issue is covered by Chapter One the Criminal Lawunder the First Title, Application, Jurisdiction Ratione Loci et Temporis,” located in Section 7 Offences committed abroad-other cases, which reads: (1) German criminal law shall apply to offences committed abroad against a German, if the act is a criminal offence at the locality of its commission or if that locality is not subject to any criminal jurisdiction. (2) German criminal law shall apply to other offences committed abroad if the act is a criminal offence at the locality of its commission or if that locality is not subject to any criminal law jurisdiction, and if the offender: 1. was German at the time of the offence or became German after the commission; or was a foreigner at the time of the offence, is discovered in Germany and, although the Extradition Act would permit extradition for such an offence, is not extradited because a request for extradition within a reasonable period of time is not made, is rejected, or the extradition is not feasible.
Resources
Notes
- The content of the translated German penal code in relation to offences committed abroad-other cases is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to offences committed abroad against internationally protected legal interests is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to offences committed abroad against domestic legal interests is current as of 2010