Learn About the Sections of the Criminal Code in Germany
The Criminal Code in Germany is one of the country’s fundamental legal frameworks and is also known as German criminal law.
The law has undergone hundreds of amendments over time to keep pace with evolving forms of crime, including cybercrime, money laundering, and other modern offenses.
Its primary purpose is to address criminal activities within society and establish effective penalties that serve as a deterrent across the state.
The Criminal Code in Germany
The Criminal Code in Germany was enacted by the German Empire in the Reichstag on May 15, 1871, and came into force in January 1872.
The German Criminal Code largely corresponds to the penal code previously applied in the North German Confederation. However, it has undergone numerous amendments and reforms to ensure that every crime committed within society is subject to appropriate penalties, especially with the emergence of modern offenses such as cybercrime.
Structure of German Criminal Law
The Criminal Code in Germany is divided into two main sections:
- General Part: Covers the theory of crime and its consequences, as well as the general principles for assessing criminal acts. It also includes legal definitions, criminal liability, and the range of penalties, such as fines and imprisonment.
- Special Part: Deals with specific criminal offenses and their corresponding punishments. These include crimes against justice and public order, offenses against sexual self-determination, environmental crimes, traffic violations, and crimes related to the economic sector.
Rules of German Criminal Law
German criminal law regulates how different types of crimes are addressed and determines the appropriate penalties. It includes a set of governing rules, such as:
- Prohibiting a convicted person from leaving their place of residence without permission from the competent authority.
- Restricting a convicted person from being present in places that may provide opportunities to commit further offenses.
- Confiscating tools or means used to facilitate the commission of crimes.
- In the event of any sudden changes to the convicted person’s place of residence or employment, the supervisory authority must be notified.
Types of Penalties in German Criminal Law
The types of penalties under German criminal law vary depending on the nature of the offense, the circumstances in which it was committed, and other relevant factors.
The main types of penalties include:
- Penalty for Assault in Germany: Physically attacking another person is punishable by a fine or up to five years of imprisonment, in accordance with Section 223 of the German Criminal Code.
- Penalty for Fighting in Germany: All individuals involved in a fight may face up to three years of imprisonment or a fine, with the specific penalty determined based on the nature of the fight and any resulting injuries or fatalities.
- Threats: Anyone who threatens another person may be punished with a fine or up to one year of imprisonment under Section 241 (1) of the German Criminal Code.
- Penalty for Shoplifting in Germany: Offenders of minor theft may face a fine ranging from a small amount up to €30,000. More serious cases, such as shoplifting or theft from another person, are punishable by up to five years of imprisonment.
- False Reporting: Filing a false report or giving false testimony in court may result in imprisonment ranging from three months to five years.
- Insult (Defamation): Insulting another person can lead to a fine or up to one year of imprisonment. If the insult is made publicly, the penalty may increase to up to two years in prison.
- Stabbing: Assault involving a knife may result in a fine or imprisonment of at least one year. In cases involving refugees, deportation procedures may also be initiated in accordance with immigration regulations.
- Fraud: Fraud or issuing forged documents—whether in official or unofficial transactions—may be punishable by up to five years of imprisonment. If legal proceedings are not initiated within the statutory limitation period from the time the offense is discovered, the case may become time-barred.
Frequently Asked Questions About German Criminal Law
What are the sections of the Criminal Code in Germany?
The German Criminal Code consists of two main sections: the General Part, which covers the theory of crime, its consequences, and the general rules for assessing offenses, and the Special Part, which addresses specific criminal offenses.
What types of penalties exist under German criminal law?
Penalties vary depending on the offender and the nature of the crime. They include punishments for assault, insult, forgery, and participation in fights, ranging from fines to imprisonment.
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