Special Personal Characteristics

Special Personal Characteristics in Europe

Special Personal Characteristics in Germany

Provisions relating to special personal characteristics in the German Criminal Code [1]: This criminal issue is covered by Chapter Two the Offenceunder the Third Title, Principals and Secondary Participants,” located in Section 28 Special personal characteristics, which reads: (1) If special personal characteristics (section 14 (1)) that establish the principals liability are absent in the person of the secondary participant (abettor or aider) their sentence shall be mitigated pursuant to section 49 (1). (2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.

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Notes

  1. The content of the translated German penal code in relation to special personal characteristics is current as of 2010

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