German Criminal Code.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The German Criminal Code refers to incur of penalty under the conditions that a criminal liability was established.The Code consists of 30 Chapters and 358 sections. Part of the the penalty and any incidental legal consequences are determined by the law which is in force at the time of the act. This Code applies to offences committed on German territory, ship or an aircraft which is entitled to fly the federal flag or to carry the national insignia of the Federal Republic of Germany. Section 5 verifies the offences committed abroad with specific domestic connection which will be considered subject to this Code. The Code verifies criminal liability based on age, mental health, time and place of act. The law verifies imprisonment, penalties, probation and confiscation of the products, value of the products and means and materials as consequences of incur of offences.
Chapter 16 of the Code refers to offences against life that cover various threat and actions against life of human beings and abortion, offences against female and human traffic. The Code provides for criminal liability for forced labour and exploitation of labour. The Code provides for penalty of imprisonment for the fish poaching and carriage of prohibited goods by endangering ships, motor vehicles and aircraft. Taking bribes in commercial activity and healthcare sectors are prohibited. Chapter 28 of the Code refers to offences constituting public danger including set fire to destroy in whole or in part forests, agriculture, food or forestry facilities and products. Causing fire hazard and nuclear exploitation, misuse of ionising radiation, preparing radiation offence, causing flooding, dangerous interference with and endangering rail, ship and aircraft, watercraft, road traffic, attack on air and maritime traffic are also identified as actions of constituting public danger. Chapter 29 of the Code refers to offences against environment that include water, soil and air pollution, causing noise, vibrations and non-ionising radiation, unauthorised waste management and handling of radioactive substances, endangering protected areas, causing sever danger by releasing poison and intentional serious offences against environment. The Code provides for provision on damaging animals or plants of significant value belonging to another, exposes the property, body of water, air, soil, animals or plants to ionising radiation which is capable of causing impairments, alterations or damage.
Further provisions are enacted for causing public danger by poisons or release substances which are harmful to health into the water in contained springs, wells, pipes or drinking water storage facilities. Disruption of public services such as damaging to a facility which serves the public supply of water, light, heat or power are regulated under the Code. The Code further provides for destruction of important work equipment and penalise actions of whoever unlawfully destroy in whole or in part technical equipment belonging to another or an enterprise or a facility which serves the operation on waste disposal. Section 326 describes unauthorised waste management that include operation by whoever who is not authorised, or conduct it outside a facility or in substantial deviation from the prescribed or authorised procedure, or any unauthorised action for collection, ships, treats, utilise, stores, deposits and discharges of the waste and hazardous waste materials. Section 306f of the Code refers to causing fire hazard by smoking, using an open fire or light or throwing away burning objects that causes a risk of fire in another person's agricultural or food facilities, or operations in which their products are stored, forests, heaths or cultivated fields. Section 324a refers to soil pollution and itemise the actions in breach of duties under the administrative law that regulate releases of substances into the soil, default of which shall cause damage to the health of another, animals, plants or other property of significant value or a body of water, the air or soil. The Code further provides provisions on serious crimes involving nuclear energy, explosives and radiation such as instructing another person or receiving instruction in the production or the use of firearms, nuclear fission materials or other radioactive substances. Under Section 307 causing nuclear explosion and endangering the life or limb of another person or property of significant value is penalised. The Code further provides for preparing explosion, radiation offences and causing nuclear fission processes and faulty construction of nuclear facility. Section 329 of the Code provides for protection of areas that require special protection against harmful environmental impacts such as air pollution or noise. Any damage or removes of plants of a specially species, or damage to the habitat of a species in the protected areas such as nature conservation area or a national park are prohibited and subject to imprisonment.
Chapter 16 of the Code refers to offences against life that cover various threat and actions against life of human beings and abortion, offences against female and human traffic. The Code provides for criminal liability for forced labour and exploitation of labour. The Code provides for penalty of imprisonment for the fish poaching and carriage of prohibited goods by endangering ships, motor vehicles and aircraft. Taking bribes in commercial activity and healthcare sectors are prohibited. Chapter 28 of the Code refers to offences constituting public danger including set fire to destroy in whole or in part forests, agriculture, food or forestry facilities and products. Causing fire hazard and nuclear exploitation, misuse of ionising radiation, preparing radiation offence, causing flooding, dangerous interference with and endangering rail, ship and aircraft, watercraft, road traffic, attack on air and maritime traffic are also identified as actions of constituting public danger. Chapter 29 of the Code refers to offences against environment that include water, soil and air pollution, causing noise, vibrations and non-ionising radiation, unauthorised waste management and handling of radioactive substances, endangering protected areas, causing sever danger by releasing poison and intentional serious offences against environment. The Code provides for provision on damaging animals or plants of significant value belonging to another, exposes the property, body of water, air, soil, animals or plants to ionising radiation which is capable of causing impairments, alterations or damage.
Further provisions are enacted for causing public danger by poisons or release substances which are harmful to health into the water in contained springs, wells, pipes or drinking water storage facilities. Disruption of public services such as damaging to a facility which serves the public supply of water, light, heat or power are regulated under the Code. The Code further provides for destruction of important work equipment and penalise actions of whoever unlawfully destroy in whole or in part technical equipment belonging to another or an enterprise or a facility which serves the operation on waste disposal. Section 326 describes unauthorised waste management that include operation by whoever who is not authorised, or conduct it outside a facility or in substantial deviation from the prescribed or authorised procedure, or any unauthorised action for collection, ships, treats, utilise, stores, deposits and discharges of the waste and hazardous waste materials. Section 306f of the Code refers to causing fire hazard by smoking, using an open fire or light or throwing away burning objects that causes a risk of fire in another person's agricultural or food facilities, or operations in which their products are stored, forests, heaths or cultivated fields. Section 324a refers to soil pollution and itemise the actions in breach of duties under the administrative law that regulate releases of substances into the soil, default of which shall cause damage to the health of another, animals, plants or other property of significant value or a body of water, the air or soil. The Code further provides provisions on serious crimes involving nuclear energy, explosives and radiation such as instructing another person or receiving instruction in the production or the use of firearms, nuclear fission materials or other radioactive substances. Under Section 307 causing nuclear explosion and endangering the life or limb of another person or property of significant value is penalised. The Code further provides for preparing explosion, radiation offences and causing nuclear fission processes and faulty construction of nuclear facility. Section 329 of the Code provides for protection of areas that require special protection against harmful environmental impacts such as air pollution or noise. Any damage or removes of plants of a specially species, or damage to the habitat of a species in the protected areas such as nature conservation area or a national park are prohibited and subject to imprisonment.
Attached files
Web site
Notes
Consolidated version of the Criminal Code in the version published on 14 September 2021. The English version contains the provisions as last amended by Article 2 of the Act of 19 June 2019 (Federal Law Gazette I, p. 844).
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Strafgesetzbuch - StGB.