Preventing Completion of the Offence

Preventing Completion of the Offence in Europe

Preventing Completion of the Offence in Germany

Provisions relating to preventing completion of the offence in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-nine, under the heading “Offences Against the Environment,” located in Section 330b Preventing completion of the offence, which reads: (1) The court in cases under section 325a (2), section 326 (1) to (3), section 328 (1) to (3) and section 330a (1), (3) and (4) may in its discretion mitigate the sentence (section 49 (2)) or order a discharge under these provisions if the offender voluntarily averts the danger or eliminates the condition he caused before substantial damage occurs. Under the same conditions the offender shall not be liable under section 325a (3) No 2, section 326 (5), section 328 (5) and section 330a (5). (2) If the danger is averted or the unlawfully caused condition eliminated regardless of the contribution of the offender his voluntary and earnest efforts to avert or eliminate them shall suffice.

Preventing Completion of the Offence in Germany

Provisions relating to preventing completion of the offence 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 320 Preventing completion of the offence, which reads: (1) The court in its discretion may mitigate the sentence (section 49 (2)) in cases under section 316c (1) if the offender voluntarily gives up the further commission of the offence or otherwise averts the result. (2) The court in its discretion may mitigate the sentence (section 49 (2)) under the following provisions or order a discharge under these provisions if the offender in cases under Section 1. 315 (1), (3), No 1 or (5); 2. Section 315b (1), (3), or (4), (3) in conjunction with section 315 (3) No 1; 3. Section 318 (1) or (6) No 1; 4. Section 319 (1) to (3), voluntarily averts the danger before substantial damage occurs. (3) Whosoever in cases under Section 315 (6); Section 315b (5); Section 318 (6) No 2; Section 319 (4) voluntarily averts the danger before substantial damage occurs; or 1. in cases under section 316c (4) voluntarily gives up the further commission of the offence or otherwise averts the danger 2. shall not be liable under the preceding provisions. (4) If the danger or the result is averted regardless of the contribution of the offender before substantial damage occurs his voluntary and earnest efforts to avert them shall suffice.

Preventing Completion of the Offence in Germany

Provisions relating to preventing completion of the offence 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 314a Preventing completion of the offence, which reads: (1) The court in its discretion may mitigate the sentence (section 49 (2)) in cases under section 307 (2) and section 309 (2) if the offender voluntarily gives up the further commission of the offence or otherwise averts the danger. (2) The court in its discretion may mitigate the sentence (section 49 (2)) under the following provisions or order a discharge pursuant to these provisions if the offender: in cases under section 309 (1) or section 314 (1) voluntarily gives up the further commission of the offence or otherwise averts the danger; or 1. in cases under Section 307 (2); Section 308 (1) and (5); Section 309 (6); Section 311 (1); Section 312 (1) and (6) No 1; Section 313, also in conjunction with section 308 (5), voluntarily averts the danger before substantial damage occurs. 2. (3) Whosoever (a) (b) (c) (d) (e) in cases under Section 307 (4); Section 308 (6); Section 311 (3); Section 312 (6) No 2; Section 313 (2) in conjunction with section 308 (6), voluntarily averts the danger before substantial damage occurs or 1. in cases under section 310 voluntarily gives up the further commission of the offence or otherwise averts the danger 2. shall not be liable under the preceding provisions. (4) If the danger is averted regardless of the contribution of the offender his voluntary and earnest efforts to avert it shall suffice.

Preventing Completion of the Offence in Germany

Provisions relating to preventing completion of the offence 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 306e Preventing completion of the offence, which reads: (1) The court in its discretion may mitigate the sentence (section 49 (2)) in cases under section 306, section 306a and section 306b or order a discharge pursuant to those provisions if the offender voluntarily extinguishes the fire before substantial damage occurs. (2) Whosoever voluntarily extinguishes the fire before substantial damage occurs shall not be liable under section 306d. (3) If the fire is extinguished regardless of the contribution of the offender before substantial damage occurs his voluntary and earnest efforts to extinguish it shall suffice.

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

Resources

Notes

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

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