Serious Violent Offences

Serious Violent Offences in Europe

Encouraging the Commission of a Serious Violent Offence Endangering the State in Germany

Provisions relating to encouraging the commission of a serious violent offence endangering the state in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Third Title, Endangering the Democratic State Under the Rule of Law,” located in Section 91 Encouraging the commission of a serious violent offence endangering the state, which reads: (1) Whosoever 1. displays or supplies to another written material (section 11(3)) which by its content is capable of serving as an instruction to the commission of a serious violent offence endangering the state (section 89a(1)), if the circumstances of its dissemination are conducive to awakening or encouraging the preparedness of others to commit a serious violent offence endangering the state, obtains written material within the meaning of No. 1 above for the purpose of committing a serious violent offence endangering the state 2. shall be liable to imprisonment not exceeding three years or a fine. (2) Subsection (1) No. 1 above shall not apply if the act serves the purpose of citizenship education, the defence against anti-constitutional movements, arts and sciences, research or teaching, reporting about current or historical events or similar purposes or 1. if the act exclusively serves the fulfilment of lawful professional 2. or official duties. (3) If the degree of guilt is of a minor nature, the court may order a discharge for the offence under this provision.

Establishing Contacts for the Purpose of Committing a Serious Violent Offence Endangering the State in Germany

Provisions relating to establishing contacts for the purpose of committing a serious violent offence endangering the state in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Third Title, Endangering the Democratic State Under the Rule of Law,” located in Section 89b Establishing contacts for the purpose of committing a serious violent offence endangering the state, which reads: (1) Whosoever, with the intention of receiving instruction for the purpose of the commission of a serious violent offence endangering the state under section 89a(2) No 1, establishes or maintains contacts to an organisation within the meaning of section 129a, also in conjunction with section 129b, shall be liable to imprisonment not exceeding three years or a fine. (2) Subsection (1) above shall not apply if the act exclusively serves the fulfilment of lawful professional or official duties. (3) Subsection (1) above shall also apply if the act of establishing or maintaining contact occurs abroad. Outside the territory of the member states of the European Union this shall apply only if the act of establishing or maintaining contact is committed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany. (4) The prosecution shall require the authorisation by the Federal Ministry of Justice in 1. the cases of subsection (3) 2nd sentence above or if the act of establishing or maintaining contacts occurs on the territory of another member state of the European Union. 2. (5) If the degree of guilt is of a minor nature, the court may order a discharge for the offence under this provision.

Preparation Ofserious Violent Offence Endangering the State in Germany

Provisions relating to preparation ofserious violent offence endangering the state in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Third Title, Endangering the Democratic State Under the Rule of Law,” located in Section 89a Preparation of a serious violent offence endangering the state, which reads: (1) Whosoever prepares a serious offence endangering the state shall be liable to imprisonment from six months to ten years. A serious violent offence endangering the state shall mean an offence against life under sections 211 or 212 or against personal freedom under sections 239a or 239b, which under the circumstances is intended to impair and capable of impairing the existence or security of a state or of an international organisation, or to abolish, rob of legal effect or undermine constitutional principles of the Federal Republic of Germany. (2) Subsection (1) above shall only be applicable if the offender prepares a serious violent offence endangering the state by instructing another person or receiving instruction in the production or the use of firearms, explosives, explosive or incendiary devices, nuclear fission material or other radioactive substances, substances that contain or can generate poison, other substances detrimental to health, special facilities necessary for the commission of the offence or other skills that can be of use for the commission of an offence under subsection (1) above, 1. producing, obtaining for himself or another, storing or supplying to another weapons, substances or devices and facilities mentioned under No. 1 above, 2. obtaining or storing objects or substances essential for the production of weapons, substances or devices and facilities mentioned under No. (1) above, or 3. collecting, accepting or providing not unsubstantial assets 4. for the purpose of its commission. (3) Subsection (1) above shall also apply if the preparation occurs abroad. If the preparation occurs outside the territory of the member states of the European Union, the aforesaid shall apply only if the preparation is performed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany or if the serious violent offence endangering the state so prepared is meant to be committed within the territory of the Federal Republic of Germany or against a German citizen. (4) In the cases of subsection (3) 2nd sentence above the prosecution shall require the authorisation by the Federal Ministry of Justice. If the preparation occurred on the territory of another member state of the European Union, the prosecution shall require the authorisation by the Federal Ministry of Justice if the preparation was neither performed by a German citizen nor the serious violent offence endangering the state so prepared to be committed within the territory of the Federal Republic of Germany or by or against a German citizen. (5) In less serious cases the penalty shall be imprisonment from three months to five years. (6) The court may make an order for supervision (section 68(1)); section 73 shall apply. (7) The court in its discretion may mitigate the sentence (section 49(2)) or order a discharge for the offence under this provision, if the offender voluntarily gives up the further preparation of the serious violent offence endangering the state, or averts or substantially reduces a danger caused and recognised by him that others will further prepare or commit the offence, or if he voluntarily prevents the completion of the offence. If the danger is averted or substantially reduced regardless of the contribution of the offender or the completion of the serious violent offence endangering the state prevented, his voluntary and earnest efforts to achieve that object shall suffice.

Resources

Notes

  1. The content of the translated German penal code in relation to preparation ofserious violent offence endangering the state is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to establishing contacts for the purpose of committing a serious violent offence endangering the state is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to encouraging the commission of a serious violent offence endangering the state is current as of 2010

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