State Secret

State Secret in Europe

Definition of State Secret in Germany

Provisions relating to definition of state secret in the German Criminal Code [1]: This criminal issue is covered by Chapter Two, under the heading “Treason and Endangering External National Security,” located in Section 93 Definition of state secret, which reads: (1) State secrets are facts, objects or knowledge which are only accessible to a limited category of persons and must be kept secret from foreign powers in order to avert a danger of serious prejudice to the external security of the Federal Republic of Germany. (2) Facts which constitute violations of the independent, democratic constitutional order or of international arms control agreements, kept secret from the treaty partners of the Federal Republic of Germany, are not state secrets.

Disclosure of State Secrets and Negligently Causing Danger in Germany

Provisions relating to disclosure of state secrets and negligently causing danger in the German Criminal Code [1]: This criminal issue is covered by Chapter Two, under the heading “Treason and Endangering External National Security,” located in Section 97 Disclosure of state secrets and negligently causing danger, which reads: (1) Whosoever allows a state secret which has been kept secret by an official agency or at its behest to come to the attention of an unauthorised person or become known to the public, and thereby negligently causes the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be liable to imprisonment of not more than five years or a fine. (2) Whosoever by gross negligence allows a state secret which has been kept secret by an official agency or at its behest and which was accessible to him by reason of his public office, government position or assignment given by an official authority, to come to the attention of an unauthorised person, and thereby negligently causes the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be liable to imprisonment of not more than three years or a fine. (3) The offence may only be prosecuted upon the authorisation of the Federal Government.

Disclosure of State Secrets With Intent to Cause Damage in Germany

Provisions relating to disclosure of state secrets with intent to cause damage in the German Criminal Code [1]: This criminal issue is covered by Chapter Two, under the heading “Treason and Endangering External National Security,” located in Section 95 Disclosure of state secrets with intent to cause damage, which reads: (1) Whosoever allows a state secret which has been kept secret by an official authority or at its behest to come to the attention of an unauthorised person or become known to the public, and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be liable to imprisonment from six months to five years unless the offence is punishable under section 94. (2) The attempt shall be punishable. (3) In especially serious cases the penalty shall be imprisonment from one to ten years. Section 94 (2) shall apply.

Resources

Notes

  1. The content of the translated German penal code in relation to disclosure of state secrets with intent to cause damage is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to disclosure of state secrets and negligently causing danger is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to definition of state secret is current as of 2010

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