Place of the Offence

Place of the Offence in Europe

Place of the Offence in Germany

Provisions relating to place of the offence 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 9 Place of the offence, which reads: (1) An offence is deemed to have been committed in every place where the offender acted or, in the case of an omission, should have acted, or in which the result if it is an element of the offence occurs or should have occurred according to the intention of the offender. (2) Acts of secondary participation are committed not only in the place where the offence was committed, but also in every place where the secondary participant acted or, in the case of an omission, should have acted or where, according to his intention, the offence should have been committed. If the secondary participant to an offence committed abroad acted within the territory of the Federal Republic of Germany, German criminal law shall apply to the secondary participation even though the act is not a criminal offence according to the law of the locality of its commission.

Resources

Notes

  1. The content of the translated German penal code in relation to place of the offence is current as of 2010

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