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Introduction Act to the Criminal Code

Original Language Title: Einführungsgesetz zum Strafgesetzbuch

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Introduction Act to the Criminal Code (EGStGB)

Unofficial table of contents

EGStGB

Date of completion: 02.03.1974

Full quote:

" Introductory Act to the Penal Code of 2 March 1974 (BGBl. I p. 469; 1975 I p. 1916; 1976 I p. 507), most recently by Article 1 of the Law of 20 December 2012 (BGBl. 2756).

Status: Last amended by Art. 1 G v. 20.12.2012 I 2756

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 31.12.1977 + + +) 
(+ + + measures due to EinigVtr cf. StGBEG Appendix EV + + +)

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Overview

FIRST SECTION
General provisions
First Title Factual application of the Criminal Code Articles 1 to 4
Second Title Common rules for the enforcement of orders and coercive measures Articles 5 to 9
SECOND SECTION
General adjustment of criminal provisions Articles 10 to 17
THIRD SECTION
Amendment of the Penal Code and the Fourth Law on Criminal Law Articles 18 to 20
FOURTH SECTION
Amendment of the Code of Criminal Procedure, the Law of the Court of Justice, the Federal Central Register Act (Bundeszentralregistergesetz), the law on compensation for law enforcement measures, the Juvenile Justice Act, the German Federal Law on the Military Criminal Law, the Introduction Act on this and the Law on Administrative Offences Articles 21 to 29
FIFTH SECTION
Adaptation of additional federal laws
First Title Amendment of laws in the field of state law and constitutional law Articles 30 to 35
Second Title Amendment of laws in the field of administration Articles 36 to 93
Third Title Amendment of laws in the field of administration of justice Article 94 to 120
Fourth Title Amendment of laws in the field of civil law and criminal law Article 121 to 151
Fifth Title Amendment of laws in the field of defence Articles 152 to 159
Sixth Title Amendment of laws in the field of financial services Article 160 to 171
Seventh Title Amendment of laws in the field of economic law Rule 172 to 235
Eighth title Amendment of laws in the field of labour law, social security and the provision of war victims Article 236 to 260
Ninth Title Amendment of laws in the field of postal and telecommunications systems, transport and federal waterways Articles 261 to 286
Tenth title External force Article 287
SIXTH SECTION
Adaptation of the national law Articles 288 to 292
SEVENTH SECTION
Supplementary criminal law Article 293 to 297
EIGHTH SECTION
Final provisions Article 298 to 326
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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
General provisions

First Title
Factual application of the Criminal Code

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Art 1 General Part application

(1) The provisions of the General Part of the Criminal Code shall apply to the existing and future federal law of the Federal Republic of Germany, insofar as the law does not determine otherwise. (2) The provisions of the General Part of the Criminal Code shall also apply to the existing and future national law when it enters into force. They shall not apply insofar as the federal law permits special provisions of the national law and the national law contains such provisions. Unofficial table of contents

Type 1a (omitted)

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Art 1b Applicability of the provisions of international criminal law

To the extent that German criminal law applies to acts committed abroad and a different criminal law applies within the scope of this Act, those rules apply which apply to the place where the offender is his/her Life-based. Unofficial table of contents

Type 2 reservations concerning the national law

The provisions of the General Part of the Criminal Code are without prejudice to the provisions of the national law which apply to individual national criminal offences.
1.
determine the scope by way of derogation from § § 3 to 7 of the Criminal Code; or
2.
provide for impunity, subject to special conditions.
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Art 3 Permitted legal consequences for criminal offences under national law

(1) The provisions of national law shall not provide for any other legal consequences in the case of criminal offences than
1.
a term of imprisonment of up to two years and, alternatively, a fine up to the statutory maximum (§ 40 (1) sentence 2, subsection 2 sentence 3 of the Penal Code),
2.
Confiscation of objects.
(2) The provisions of the national law may
1.
Neither a custodial sentence nor a fine alone and
2.
in the case of a custodial sentence, no other minimum measure than the statutory (§ 38 (2) of the Criminal Code) and no lower maximum than six months
Androhen. Unofficial table of contents

Art 4 Relationship of the special part to federal and state law

(1) The provisions of the Special Part of the Criminal Code shall be without prejudice to the criminal provisions of the Federal Law, insofar as they are not repealed or amended by this Act. (2) The provisions of the Special Part of the Criminal Code The provisions of the Criminal Code relating to Fraud, Hehlerei and Hehlerei are also without prejudice to the provisions of the Criminal Code and the Penal Code in so far as they do not cover a subject matter which is settled in the penal code. Favourable treatment shall be without prejudice to the provisions of the national law applicable in the case of taxes or other charges
1.
Declare the rules on penalties and penalties applicable to the tax regime, or
2.
The provisions of Article 3 shall be without prejudice to the relevant criminal and fine-monetary facts as those laid down in the tax code.
(4) The provisions of the Criminal Code relating to theft, hehlerry and favouritism shall be without prejudice to the provisions of the national law relating to the protection of field and forestry, which determine that in certain cases, which appear insignificant, an act shall not be (5) The provisions of the Penal Code on breach of domestic peace, property damage and falsification of documents shall be without prejudice to the provisions of the national law for the protection of the field and forest, which shall be
1.
threatens certain acts only with fine or
2.
determine that, in certain cases,
a)
that appear insignificant, is not punishable or is not prosecuted, or
b)
which appear to be minor, shall be prosecuted only at the request or only if the law enforcement authority considers that, owing to the particular public interest in law enforcement, it is necessary to intervene in the event of an act.

Second Title
Common rules for the enforcement of orders and coercive measures

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Art 5 Name of the legal disadvantages

In federal and state law, legal disadvantages which are not threatened in the case of criminal offences may not be designated as a custodial sentence, a prison sentence, a fine or a fine. Unofficial table of contents

Type 6 Minimum and maximum amount of orders and penalties

(1) If the Bundesgesetz (Federal Law of the Federal Republic of Germany) is in charge of monetary or periodic penalty payments, without determining the minimum or maximum amount, the minimum amount shall be five, the maximum amount of a thousand euros. If the Landesgesetz threatens the law of order, the first sentence shall apply. (2) If the law is ordered in order of law without determining the minimum or maximum level, the minimum measure shall be one day, the maximum of six weeks. In this case, the administrative detention shall be calculated in accordance with days. Unofficial table of contents

Type 7 Payment facilitation in the case of monetary policy

(1) If, according to his economic circumstances, the person concerned is not to be expected to pay the administrative money immediately, he shall be granted a period of payment or shall be allowed to pay the order fee in certain partial amounts. In this case, it can be arranged that the advantage of paying the order money in certain partial amounts is not necessary if the person concerned does not pay a partial amount in time. (2) After the determination of the order of order, the authorization decides on the authorization. the payment facilities referred to in paragraph 1 shall be the body responsible for the enforcement of the order. It may subsequently amend or repeal a decision on the facilitation of payment. In so doing, it may derogate from a previous decision to the detriment of the person concerned only on the basis of new facts or evidence. (3) The benefit of the second sentence of the second sentence of paragraph 1 is to be paid in order to pay the order in certain instalments. this will be noted in the files. The person concerned may again be granted a payment facilitation. (4) In the case of objections to the orders referred to in paragraphs 2 and 3, the body which has set the order is to decide if it is to be carried out by another body. Unofficial table of contents

Art 8 Nightful decisions on administrative detention

(1) If the order fee cannot be recovered and if the administrative detention provided for in this case is to be determined, the court subsequently converts the order fee into a proper order. The Court of First Instance decides, after hearing the parties concerned, by decision. (2) The Court orders that the enforcement of the order of order, which has been fixed in place of an irreconcilable order of order, shall not be enforced if the enforcement of the order of law is the person concerned would be an uncheap hardship. Unofficial table of contents

Art 9 Limitation of regulations

(1) The statute of limitations shall exclude the establishment of administrative fees and administrative detention. The limitation period shall be two years, unless the law determines otherwise. The limitation period begins as soon as the action is complete. The statute of limitations rests as long as the law does not begin or cannot continue the procedure for determining the order of order. (2) The statute of limitations also excludes the execution of the order of order and the law of order. The limitation period shall be two years. The limitation period begins as soon as the ordering means is enforceable. The statute of limitations rests as long as
1.
pursuant to the law, enforcement cannot be started or may not be continued,
2.
is subject to enforcement, or
3.
a payment facilitation is granted.

Second section
General adjustment of criminal provisions

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Type 10 Scope

(1) The provisions of this Section shall apply to the criminal provisions of federal law, insofar as they are not specifically amended by law. (2) The provisions do not apply to the penal threats of the Wehrstrafgesetz and the Civil Service Act. Unofficial table of contents

Art 11 threats of deprivation of liberty

If the law threatens to imprisonment with a special minimum, which is one month or less, the threat of this minimum amount shall not be used. Unofficial table of contents

Art 12 Money-road threats

(1) If the law does not impose a fine, in addition to a minimum term of imprisonment, in addition to a fine, in addition to the custodial sentence, the optional threat of the fine shall be punishable. This shall also apply where the threat of the special minimum sentence of imprisonment referred to in Article 11 is deleted. (2) To the place of a fine of unrestricted height or with a special maximum, in addition to a custodial sentence, which may be threatened with imprisonment, with a maximum amount, which consists in the multiple, one-fold or fraction of a certain amount, shall be fined with the statutory maximum (§ 40 (1) sentence 2, subsection 2 sentence 3 of the Criminal Code), insofar as paragraph 4 does not determine anything else. (3) If a fine is prescribed or approved in addition to a custodial sentence, no This threat. (4) If the law is punishable by a custodial sentence of up to six months, the maximum amount of a selectively threatened fine is one hundred and eighty daily rates. This shall also apply where the optional threat of financial penalty is set out in paragraph 1. Unofficial table of contents

Art 13

(dropped) Unofficial table of contents

Species 14 to 17

Article 14
Police supervision
To the extent that rules permit police supervision, they shall not be effective.

Article 15
Verfall
Insofar as provisions outside the General Part of the Criminal Code prescribe or permit the decay of an object or an equivalent value for a criminal offence or of an illegal act, they shall not enter into force.

Article 16
Withdrawal of the criminal complaint
Insofar as provisions outside the General Part of the Criminal Code govern the withdrawal of the criminal order, they shall not be effective.

Article 17
Penance in favour of the injured
To the extent that rules stipulate that a penance may be recognised in favour of the injured person, they shall not enter into force.

Third to Fifth Section
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Species 18 to 287 ----

Sixth Section
Adaptation of the national law

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Type 288 Scope

The provisions of this Section shall apply to the criminal provisions of the Land Law, insofar as they are not particularly amended by a Land Law. Unofficial table of contents

Art 289 General adjustment

Provisions shall no longer apply to the extent that they threaten legal consequences which are not permitted under Article 3. Unofficial table of contents

Art 290 Money threats

(1) A fine can be recognized even if the law is not punishable by a custodial sentence in addition to a custodial sentence. (2) The law, in addition to a custodial sentence of more than six months, punishes the law in addition to a fine of unrestrictedly In the case of a fine or with a special maximum, or with a maximum level which is a multiple, one or a fraction of a certain amount, a fine may be recognized up to the statutory maximum level. If the maximum amount of the optionally threatened custodial sentence is only six months, it can be punishable by a fine of up to one hundred and eighty daily rates. (3) Regulations are no longer applicable to the extent to which they are fined alongside custodial sentences to prescribe or allow. Unofficial table of contents

Art 291 withdrawal of the criminal order, penance in favour of the injured person

Provisions shall no longer apply to the extent that:
1.
the withdrawal of the criminal request, or
2.
determine that a repentance may be recognized in favour of the person who has been injured.
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Art 292 Non-applicable criminal and penal funds

(1) Criminal and penal provisions of the national law relating to matter concluded in the penal code are no longer applicable unless they remain unaffected in accordance with Article 4 (3) to (5). (2) (3)

Seventh Section
Supplementary criminal law

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Art 293 Application of the enforcement of the replacement custodial sentence and the provision of work services

(1) The State Governments are empowered to adopt, by means of a decree law, provisions which allow the executing authority to allow the convicted person to execute a substitute custodial sentence in accordance with Section 43 of the Criminal Code by means of a free work . As far as the convicted person has done the free work, the spare-free penalty shall be dealt with. The work must be free of charge; it must not be used for commercial purposes. The State Governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. (2) The free work does not result in an employment relationship in the sense of labour law and no employment relationship in the sense of the Social insurance, including unemployment insurance, or tax law. The provisions on occupational safety and health are to be applied in accordance with the application. (3) Paragraph 2 applies accordingly to the free work carried out on the basis of an order in the course of grace and for non-profit services and work services pursuant to section 56b (2) sentence. 1 No. 3 of the Criminal Code, § 153a (1) sentence 1 No. 3 of the Code of Criminal Procedure, § 10 (1) sentence 3 No. 4 and § 15 (1) sentence 1 No. 3 of the juvenile justice act and § 98 (1) sentence 1 no. 1 of the Law on Administrative Offences or on the basis of one of the Law provided for in the relevant provisions of the above rules. Unofficial table of contents

Art 294 Tribune

The judicial assistance (Section 160 (3) sentence 2 of the Code of Criminal Procedure) is part of the Business Unit of the Land Justice Administrations. The state government can determine a different authority in the field of social administration by means of a legal regulation. Unofficial table of contents

Art 295 Supervisors in the field of management supervision

(1) The supervisory authorities (§ 68a of the Criminal Code) are part of the business unit of the Land Justice Administrations. (2) The tasks of the supervisory authority are to be carried out by officers of the higher service, by state-approved social workers or social pedagogues. or by officials of the senior service. The head of the supervisory authority must have the competence to the judge's office or be a civil servant of the higher service. The management of the supervisory authority may also be transferred to a judge. Unofficial table of contents

Art 296 Imports of newspapers and periodicals

Section 86 (1) of the Penal Code shall not apply to newspapers and periodicals which appear outside the territorial scope of this Act in a permanent, regular sequence and are distributed there in general and in public. Unofficial table of contents

Art 297 Prohibition of prostitution

(1) The provincial government can protect the youth or the public decency
1.
for the whole territory of a community of up to fifty thousand inhabitants,
2.
for parts of the territory of a municipality of more than 20 000 inhabitants or of a local area,
3.
irrespective of the number of inhabitants for public roads, roads, squares, installations and other places which may be viewed from there, in the whole or in parts of the territory of a municipality or of a local area
prohibit the use of prostitution by means of a decree law. It may also restrict the prohibition set out in sentence 1 (3) to certain times of the day. (2) The State Government may transfer this authorisation to a supreme state authority or other authorities by means of a regulation. (3) Housing restrictions Certain roads or blocks of houses for the purpose of carrying out prostitution (casernations) are prohibited.

Eighth section
Final provisions

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Type 298 Minimum term of imprisonment

(1) A term of imprisonment of less than one month may not be imposed for such acts which were committed before 1 January 1975. (2) If the court had imposed a term of imprisonment of less than one month under the previous law, it shall recognise that the sentence has been imposed on the Court of Justice. a fine of up to thirty daily rates. Unofficial table of contents

Art 299 Fine

(1) The provisions of the new law relating to the fine (§ § 40 to 43 of the Criminal Code) shall also apply to the acts committed before 1 January 1975, in so far as paragraphs 2 and 3 do not specify otherwise. (2) The fine may be imposed by the number and the amount of the fine. Total daily rates do not exceed the maximum amount of the fine previously threatened. Only so many daily rates may be imposed, that the substitute custodial sentence in accordance with § 43 of the Penal Code is not higher than the maximum amount of the substitute-custodial sentence which has been threatened under the previous law. (3) In addition to imprisonment, a fine may be punishable by a fine. in accordance with Section 41 of the Criminal Code, only if a fine was prescribed or authorised in addition to the term of imprisonment in accordance with the law of the previous law. Unofficial table of contents

Art 300 transgressions

(1) In the case of acts committed before 1 January 1975 which have been subject to the law of 1 January 1975 and which have been passed under new law, the new right shall be applied with the restriction that the conditions of criminality and the maximum amount of the offences committed are to be applied. Imprisonment according to the law of the past. Article 298, 299 shall apply. (2) The acts committed before 1 January 1975, which were in accordance with the law of the previous law, shall not be taken into consideration in the application of Section 48 (1) of the Penal Code. Unofficial table of contents

Art 301

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Art 302 Statement of the enforcement of the measure on the penalty

If, before 1 January 1975, the placement in a nursing or nursing home or in a drinking institution or an institution for deprivation pursuant to § 456b sentence 2 of the Code of Criminal Procedure has been completed before the term of imprisonment in the previous version, the time of the enforcement of the measure shall be credited to the penalty. Unofficial table of contents

Art 303 Management supervision

(1) In the event of an act committed before 1 January 1975, the supervision of the management pursuant to Section 68 (1) of the Penal Code may not be ordered. (2) After a sentence of imprisonment for an act committed before 1 January 1975, , does not act as a supervisory authority in accordance with § 68f of the Criminal Code. Unofficial table of contents

Art 304 Police supervision

If, before 1 January 1975, the admissibility of police supervision has been recognized, that object shall cease to be effective. If, in the case of a conviction, the admissibility of police supervision has been registered in the central register, the registration shall be subject to the payment of the registration. Unofficial table of contents

Art 305 Vocational ban

In addition to the penalty imposed on the basis of an act committed before 1 January 1975, the Court of First Instance only orders the prohibition of the profession if, in addition to the conditions laid down in Section 70 of the Criminal Code, the conditions for the prohibition of the profession of professional practice also apply. or the management of the plant in accordance with the law. In this case, the ban on trade must not be arranged forever. Unofficial table of contents

Art 306 Self-employed arrangement of measures

The provisions of the new law relating to the independent order of measures of improvement and security (Section 71 of the Criminal Code) also apply to acts committed before 1 January 1975. This shall not apply if, in addition to the penalty, the rule laid down in Articles 301 and 305 may not be ordered. Unofficial table of contents

Type 307 Decay

(1) The provisions of the new law shall apply to the arrangement of the decay on the basis of an act which was committed before 1 January 1975 and which is decided upon after that date.
1.
on the conditions of the accident (§ § 73, 73a of the Criminal Code), in so far as the previous law prescries the default or the confiscation of the pay,
2.
on the estimation, the decision in case of hardship, the effect of the decay and its subsequent arrangement (§ § 73b to 73d, 76 of the Criminal Code).
(2) The arrangement of the decay is also admissible in so far as, according to § 27b of the Criminal Code in the previous version, a higher fine could have been imposed than under new law. The decay of the value replacement shall replace the arrangement of the waste of an item. (3) Paragraph 1 (1) no. 1 shall not apply insofar as the previous right is more favourable to the person concerned. Unofficial table of contents

Art 308 Criminal Charges, Empowerment, Criminal Charges

(1) The provisions of the new law relating to criminal proceedings, empowerment and criminal charges (§ § 77 to 77e, 194 of the Criminal Code) shall also apply to acts committed before 1 January 1975, to the extent that paragraphs 2 to 5 do not otherwise apply (2) If an application was required under the previous law, it remains. (3) An application filed before 1 January 1975 remains effective even if the right of application is granted to another by a new law. (4) Was 1. January 1975, the right to file a criminal complaint, in accordance with the provisions of the previous law (5) It is only by the provisions of the new law that it can only be prosecutated on request, the deadline for application ends at the earliest on 31 March 1975. Unofficial table of contents

Art 309 Tracking and Enforcement Limitation

(1) The provisions of the new law relating to the limitation of the period of persecution and enforcement (§ § 78 to 79b of the Criminal Code, § § 31 to 34 of the Law on Administrative Offences) also apply to acts committed before 1 January 1975, in so far as the provisions of paragraphs 2 to 4 do not specify otherwise. (2) The previous law shall apply to interruptions which have been made before 1 January 1975. (3) Insofar as the limitation periods of the previous law are shorter than those of the new law, (4) shall be subject to the limitation of the period of persecution or enforcement The persecution or enforcement shall expire on 1 January 1975, notwithstanding the provisions of Section 78c (3) sentence 2, § 79 of the Criminal Code, § 33 (3) sentence 2, § 34 of the Law on Administrative Offences, at the earliest with the expiry of the (5) In the calculation of the limitation period pursuant to § 1 (1) sentence 1 of the Law on the Calculation of Statute Limitation Periods of April 13, 1965 (Federal Law Gazette). 315), as amended by the First Law on the Reform of Criminal Law of 25 June 1969 (Bundesgesetzbl. 645), § 78 (4) of the Penal Code shall apply accordingly. Unofficial table of contents

Art 310 Announcement of conviction

The provisions of the new law relating to the court order that a conviction shall be made public shall also apply to acts committed before 1 January 1975. Unofficial table of contents

Art 311 Violation of private secrecy by public officials and particularly pledges

(1) Insofar as the disclosure or use of a foreign secret, including an operating or business secrecy, by persons who are to be particularly committed under new law for the public service, according to the prior law, A sentence or a fine was threatened
1.
in respect of the acts committed before 1 January 1975, the provisions of the previous law relating to the infringement of a foreign secret; and
2.
in the case of the acts committed after 1 January 1975, the criminal provisions of the new law (Section 203 (2), section 204 of the Criminal Code),
provided that the criminal provisions of the new law are not applicable solely for the sole reason that the offender has not been particularly committed to the public service before 1 January 1975, although the conditions under which the obligation is fulfilled shall not apply to the public service. (2) In the cases referred to in paragraph 1 (1), the provisions of the new law (Section 203 (2), (5), section 204 of the Criminal Code) shall apply insofar as they are more favourable to the offender. Unofficial table of contents

Art 312 Court constitution and criminal proceedings

(1) If, due to the provisions of this Act, the judicial jurisdiction of the courts changes, this shall only apply to criminal cases pending before the courts if the main proceedings have not yet been opened or if the Court of Revisioning the judgment (2) The Federal Court of Justice shall also be responsible for negotiating and deciding on the appeal of the revision if the revision is against a judgment of the Judge in the case of the the District Court or the Schöffengericht, or against an appeal judgment of the small or (3) Is not yet determined before the Higher Regional Court. (3) Is to be placed before 1 January 1975 on accommodation. in a nursing home or in a nursing home or in a drinking institution or in a descaling institution, on the failure to practise the profession or the management or on the admission of the notice of judgment, and is the court of review of the Considers that the revision is otherwise unfounded, it shall correct the Judgment as to the fact that the
1.
accommodation in a psychiatric hospital in a nursing home or nursing home,
2.
accommodation in a Trinkerheilanstalt or a descaling establishment, the accommodation in a descaling establishment,
3.
the prohibition of professional practice or the management of the profession,
4.
the admissibility of the announcement of the judgment of that order
(4) If the Court of Auditing considers that a judgment delivered before 1 January 1975 does not comply with the law solely on the basis of Articles 299 and 307, the revision may be rejected even if a substantially different decision is taken (5) The Court of Appeal may also proceed in a decision in accordance with Article 349 (2) of the Code of Criminal Procedure in accordance with paragraphs 3 and 4 if the revision is otherwise unanimous in respect of: is clearly unfounded. Unofficial table of contents

Art 313 penalties not yet enforced

(1) Penalties imposed by force for such acts, which are no longer punishable under new law and are not punishable by fine, shall be adopted with the entry into force of the new law, insofar as they are not yet enforced. The criminal decree extends to minor penalties and minor consequences, with the exception of confiscation and unsettling, measures of improvement and protection, educational measures and breeding funds under the law on juvenile justice, as well as on backward repentance and Costs, even if the penalty has already been executed on the entry into force of the new law. (2) Paragraph 1 shall apply mutatily if a judgment rendered before the entry into force of the new law is reached after that date.
1.
becomes final because an appeal is not filed or withdrawn or the appeal is not admissible, or
2.
will become legally binding without the guilty verdict being changed.
(3) If the offender has been convicted of an act which has infringed a criminal law which is no longer applicable under new law and, at the same time, has infringed another piece of criminal law (Section 73 (2) of the Penal Code in the previous version), the following are: Paragraphs 1 and 2 shall not apply. The Court of First Instance resets the penalty of the other infringement of the law if the penalty has been removed from a penalty which has been repealed or which no longer punish the facts on which the conviction was based or threatened with a fine. If the penalty of the other penalty is taken, it shall be reduced in an appropriate manner if it is to be assumed that the court has recognised a higher penalty on account of the violation of the reduced penalty. (4) Contains a total penalty In the case of individual penalties within the meaning of the first sentence of paragraph 1 and other individual penalties, the penalty shall be redefined. In the cases of § § 31 and 66 of the Law on Juvenile Justice, this applies accordingly. (5) In the case of doubts about the legal consequences arising from paragraphs 1 and 2 and for the judicial decisions pursuant to paragraphs 3 and 4, § § 458 and 462 of the Criminal procedure in accordance with the relevant provisions. Unofficial table of contents

Art 314 Enforcement of enforcement

(1) A placement in a nursing or nursing home, imposed before 1 January 1975 and not yet completed, or partially completed, shall be considered to be in a psychiatric hospital, accommodation in a drinking institution or a hospital in a hospital or a hospital in a hospital or a hospital in a hospital or a hospital in a hospital. (2) Is the accommodation in a nursing or nursing home, in a drinking institution or in a descaling institution or in the safekeeping period prior to 1 January 1975 As a result of this, management supervision is suspended. The imposition of special obligations pursuant to Section 42h (2) of the Penal Code in the previous version is deemed to be the instruction in accordance with Section 68b (2) of the Penal Code. (3) An understatement of the profession of professional or of the profession arranged before 1 January 1975 Management has the effect of a prohibition of prohibitions. (4) A power of public notice of the judgment given before 1 January 1975 shall be enforced as if the publication of the judgment would have been recognized. (5) 1 January 1975 in addition to the penalty on accommodation in a nursing home or nursing home or on § 67 (1) to (3) of the Criminal Code is to be applied in accordance with the conditions laid down in § 67 (1) to (3) of the Penal Code. After that date, the execution of the term of imprisonment shall be three months can be continued. Unofficial table of contents

Art 315 Valiant of criminal law for acts committed in the German Democratic Republic

(1) In the case of acts committed before the date of accession in the German Democratic Republic, § 2 of the Criminal Code shall apply, subject to the proviso that the court shall depart from the sentence if, in accordance with the law of the law of the (2) The provisions of the Penal Code on the fine (§ § 40 to 43) also apply to the provisions of the German Democratic Republic (§ § 40 to 43). Action to take effect on accession in the German Democratic Republic, to the extent that: the following is not intended to be otherwise. The financial penalty shall not exceed the maximum amount of the fine previously threatened, according to the number and the amount of the daily rates. A maximum of three hundred and sixty daily rates may be imposed. (3) The provisions of the Criminal Code concerning the suspension of a criminal law and the withdrawal of suspended sentences shall apply to convictions on probation (Section 33 of the Criminal Code). of the German Democratic Republic), as well as to custodial sentences imposed on actions committed before the effective date of accession in the German Democratic Republic, unless it is based on the principles of § 2 para. 3 of the penal code. (4) The provisions of paragraphs 1 to 3 shall apply. no application, insofar as the criminal law of the Federal Republic of Germany has already been subject to the date of entry into force of the accession. Unofficial table of contents

Art 315a Limitation of enforcement and prosecutions for deeds followed and deed in the German Democratic Republic;
Statute of limitations for acts not punished during the rule of the SED regime

(1) In so far as the period of limitation of the persecution or the enforcement under the law of the German Democratic Republic has not occurred until the date of accession, it shall remain in the process. This also applies to the extent to which the criminal law of the Federal Republic of Germany has also been golden before the date of entry into force of the accession. The period of limitation shall be deemed to have been interrupted on the date of the date of entry into effect; section 78c (3) of the Penal Code shall remain unaffected. (2) The prosecution of acts committed in the territory referred to in Article 3 of the Agreement , which are punishable by a maximum term of imprisonment of more than one year up to five years, shall be subject to the expiry of the period of 2 October 2000 at the earliest, and the pursuit of the maximum and maximum levels committed before the end of 2 October 1990 in that area Imprisonment of up to one year or punishable acts at the earliest with the expiry of the 31. (3) Crimes which fulfil the facts of the murder (Section 211 of the Criminal Code), for which the penalty is governed by the law of the German Democratic Republic, do not apply. (4) Paragraphs 2 and 3 do not apply to Actions whose persecution was already statute-barred on 30 September 1993. (5) In calculating the statute of limitations for the prosecution of acts committed during the rule of the SED regime, but in accordance with the express or the alleged will of the state and party leadership of the former Germans In the event of a democratic republic being unpunished from political or otherwise fundamental principles of a free constitutional order, the period of time of 11 years remains unchanged. October 1949 to October 2, 1990, except for the approach. During this time, the statute of limitations has been rested.

Footnote

(+ + + Art. 315a (2) and (2)) 3: For use, see Art. 2 G v. 27.9.1993 I 1657 F. from 27.9.1993 + + +) Unofficial table of contents

Art 315b Criminal application of acts committed in the German Democratic Republic

The provisions of the Criminal Code on the application of criminal law also apply to the acts committed before the effective date of accession in the German Democratic Republic. If an application was required under the law of the German Democratic Republic for prosecution, it will remain in the process. A request made before the date of accession takes effect shall remain effective. If, on the date of the date of accession, the right to make a criminal complaint had already been granted, the German Democratic Republic has already been granted the right to loathe, it shall remain in the process. If the rule of the Federal Republic of Germany is only traceable on request, the application deadline shall end at the earliest on 31 December 1990. Unofficial table of contents

Art 315c Adjustment of penal threats

In so far as criminal offences of the German Democratic Republic continue, the criminal threats of the sentence of imprisonment and the fine imposed in the penal code shall be replaced by the sentence of the previous criminal threats. The remaining penalty threats are eliminated. The fine may not exceed the maximum amount of the previously threatened fine, according to the type and amount of the daily rates. A maximum of three hundred and sixty daily rates may be imposed. Unofficial table of contents

Art 316 Transitional provision to the Ninth Criminal Law Amending Act

(1) § 66 (2) and § 67 (1) of the Penal Code, as amended by Article 1 of the Ninth Criminal Law Amending Act of 4 August 1969 (BGBl. 1065) shall also apply to acts committed earlier and punishments previously imposed if the prosecution and enforcement were not statute-barred on 6 August 1969 at the date of the entry into force of the Ninth Criminal Law Amending Act. (2) § 1 of the Law on the Calculation of the criminal limitation periods of 13 April 1965 (BGBl. I p. 315) shall remain unaffected. Unofficial table of contents

Art 316a Transitional provision on the sixteenth criminal law amending act

(1) Section 78 (2) of the Penal Code, as amended by Article 1 of the Act of 16 July 1979 (BGBl), of the Act on Criminal Law of 16 July 1979. 1046) also applies to acts committed in the past, if the prosecution had not yet been statute-barred on the date of entry into force of the Sixteenth Criminal Law Amendment Act on 22 July 1979. (2) § 1 of the Law on the Calculation of Statute Limitation Periods of the 13 April 1965 (BGBl. I p. 315) shall remain unaffected. Unofficial table of contents

Art 316b Transitional provision to the twenty-third criminal law amending act

(1) § 67 (4) and § 67d (5) of the Penal Code do not apply to any accommodation which has been ordered before 1 May 1986; for the purposes of calculating the time of the enforcement of the measure to the penalty, the previous law applies. (2) Is someone Before 1 May 1986, sentenced to several life sentences or to life imprisonment and imprisonment, Section 460 of the Code of Criminal Procedure shall apply mutatily if, under new law, a life sentence of imprisonment shall be deemed to be The total penalty would have been recognized. Unofficial table of contents

Art 316c Transitional provision on the thirtieth criminal law amending act

§ 78b (1) of the Penal Code, as amended by Article 1 of the Thirtieth Criminal Law Amendment Act of 23 June 1994 (BGBl). 1310) shall also apply to deeds committed before the entry into force of the Most Thirtieth Criminal Law Amendment Act on 30 June 1994, unless their persecution is already statute-barred at that time. Unofficial table of contents

Art 316d Transitional provision to the forty-three criminal law amending act

§ 46b of the Criminal Code and § 31 of the Narcotics Act, as amended by Article 2 of the Forty-three Criminal Law Amendment Act of 29 July 2009 (BGBl. 2288) shall not apply to proceedings in which the opening of the main proceedings has been decided before 1 September 2009. Unofficial table of contents

Art 316e Transitional provision to the law on the re-order of the law of the protection of safeguards and accompanying measures

(1) The provisions on safeguards in the version of the Law on the Reorganisation of the Right of Safeguarding Custody and the accompanying Regulations of 22 December 2010 (BGBl. 2300) are to be applied only if the deed or at least one of the acts for which the collateral is to be ordered or reserved for the commission has been committed after 31 December 2010. In all other cases, the previous law shall be applicable to the extent that nothing else is determined in paragraphs 2 and 3 and in Article 316f (2) and (3). (2) Are the acts, because of their commission, the safekeeping pursuant to Section 66 of the Criminal Code before 1 January 2011, and if the offender has not yet been convicted, § 66 of the Penal Code shall be applied in the version in force since 1 January 2011, if the criminal law is applied to the (3) One pursuant to Section 66 of the Criminal Code before 1 January In 2011, the court of law shall be declared void if the order is based solely on deeds which, in accordance with Section 66 of the Criminal Code in the version in force since 1 January 2011, are no longer the basis for an order to be held in the courts. can be such an arrangement. The Court of First Instance may, as far as this is necessary for the conduct of the preparation of the dismissal, fix the date of the execution by 1 July 2011 at the latest. The court responsible for the decisions pursuant to sentences 1 and 2 shall be the competent court in accordance with § § 454, 462a (1) of the Code of Criminal Procedure. § 454 (1), (3) and (4) of the Code of Criminal Procedure shall be applied in accordance with the procedure; the executing authority shall immediately send the files to the Public Prosecutor's Office of the competent court, which shall immediately inform the Court of First Instance of the proceedings. Decision passes. With the dismissal from the execution, there is a management supervision. (4) § 1 of the Therapy Submission Act of 22 December 2010 (BGBl. 2300, 2305) is to be applied under the other conditions, even if the person concerned has not yet been placed in safekeeping, but has already been disposed of in the first legal proceedings against him or her, and on the basis of of a revision decision issued before 4 May 2011, it was established that the safekeeping of the collateral could not be legally ordered solely because a prohibition to take into account retroactive aggravation in the law of the law was not possible. protection against the contrary, without it being the degree of The danger to the general public would have been dangerous. Unofficial table of contents

Art 316f Transitional provision to the law on the federal legal implementation of the distance offer in the law of safekeeping

(1) The previous provisions relating to safekeeping are to be applied in the version in force as from 1 June 2013, if the deed or at least one of the acts is to be ordered or reserved for the commission for the purpose of committing them. (Anlasstat), which has been committed after 31 May 2013. (2) In all other cases, in so far as paragraph 3 does not specify otherwise, the provisions applicable until 31 May 2013 concerning security custody shall be applied in accordance with the provisions of sentences 2 to 4. The arrangement or continuation of the safekeeping in accordance with a statutory regulation which has not yet entered into force at the time of the last application, or a subsequent arrangement of the safekeeping, which did not result in the execution of a Accommodation in a psychiatric hospital, or the continued duration of such retroactive safekeeping, is only permissible if the person concerned has a mental disorder and, in concrete circumstances, in his/her own The person or his behavior is to be derived from a high degree of danger that he as a result of this disorder, the most serious acts of violence or sexual offences will be committed. Due to a statutory regulation which has not yet entered into force at the time of the last application, the order of safekeeping can only be reserved if the person concerned has a mental disorder and the person in the second sentence is in sentence 2 is likely to be or, if the person concerned is an adolu, is likely to be at risk. If the conditions for a continuation of the safekeeping in the cases referred to in the second sentence no longer exist, the court declares the measure to be carried out; with the dismissal from the enforcement of the accommodation, the supervisory authority shall enter. (3) The provisions of Articles 1, 2 (1) (c), (cc) and (4), and Articles 3 to 6 of the Law on the Implementation of the Distance from 5 December 2012 (BGBl) in the law of the Federal Republic of Germany (BGBl). 2425), the provisions of Article 67c (1) (1) (2) of the Penal Code shall apply to the cases referred to in the first sentence of paragraph 2 only if, after 31 May 2013, there is no adequate care within the meaning of Section 66c of the Criminal Code. Penal Code has been offered. The time limit laid down in § 119a (3) of the Penal Code for the first decision of its own motion shall begin on 1 June 2013 if the term of imprisonment has already been carried out at that time. Unofficial table of contents

Art 317 The transfer of the proceedings in respect of administrative offences under new law

(1) The proceedings pending at the entry into force of the new law for an infringement which, under new law, is only threatened with fine, shall be in the position in which they are situated, in accordance with the provisions of the law on In the event of a breach of the law, unless otherwise specified. If the Court of First Instance has already opened the main proceedings or issued a criminal order or a criminal order on account of such an infringement, the Public Prosecutor's Office shall also be responsible for the prosecution in the case of the fine. § 72 of the Code of Administrative Offences is not applicable in this case. (2) § § 79, 80 of the Law on Administrative Offences shall not apply if the judgment has been passed before the entry into force of the new law for an infringement which has been issued after the a new right is only threatened with fine; in these cases, § § 313 and 334 of the Code of Criminal Procedure are valid in the previous version. If the Court of Revisioning considers that such a judgment is not in accordance with the law solely on the grounds of the new law, it shall correct the guilty verdict and shall convert a conviction to a fine in such a fine. . The Court of Appeal may also proceed in a decision pursuant to Section 349 (2) of the Code of Criminal Procedure if it considers the revision to be manifestly unfounded by unanimity. By way of derogation from Section 354 (2) of the Code of Criminal Procedure, the Court of Appeal shall, by way of derogation from the provisions of Section 354 (2) of the Code of Criminal Procedure, refer the matter back to the Court of First Instance. Unofficial table of contents

Art 318 infringements in accordance with the laws in the field of social security

(1) The infringement under the laws in the field of social security, which has been punishable by law in accordance with the law of 1 January 1975 and which, under a new law, is in breach of the law, is subject to the new law with the (2) However, if, before 1 January 1975, a criminal offence is issued in respect of one of the offences referred to in paragraph 1, it shall be subject to the maximum amount of the fine. (2) , the previous law shall be applied in the further procedure. Unofficial table of contents

Art 319 Application of current cost law

In the case of fines and fines, charges shall be levied in accordance with the law to date if the decision taken over the costs has become final before 1 January 1975. Unofficial table of contents

Species 320

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Art 321 (omitted)

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Type 322 referrals

Where reference is made in other provisions to provisions which are amended by this Act, the amended provisions shall be replaced by the provisions of this Act. Unofficial table of contents

Art 323

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Art 324 Special arrangements for Berlin

(1) Article 18 II, point 3, insofar as this number relates to Article 5 (5), Article 19 (5) (b), No 6 to 9, 12, 34 to 41, 207, to the extent that this number refers to sections 84 to 87, 89 and 109 to 109k, Article 21 (24) (b), Article 26 No 52 and 53, Articles 27, 28, 31, 34, 35, 70, 147, 152 to 159, 181, 287 Nos. 44, 52, 56, 77 and 81 and Article 326 (5) Nos 7 to 9 shall not be applied in the Land of Berlin. Article 230 shall only be applied in Berlin if the law amended by it is taken over by the Land of Berlin. (2) Articles 113 and 114 of the Penal Code as amended by Article 19 (43) and (44) shall also apply in the Land of Berlin. (3) (4) The in favour of the Federal Republic of Germany and of the Länder, their constitutional order, their state organs and their members, the provisions of the criminal law applicable to the Land of Berlin shall also apply. (5) For Section 74a (1) of the Law of the Judith, the following shall apply in the Country Berlin the following special features:
1.
Point 2 shall be applied in the following text:
" 2.
the threat to the democratic rule of law in the cases of § § 85, 86, 87 to 90, 90a para. 3 and § 90b of the Criminal Code,
2.
Number 3 shall not apply.
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Species 325

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Type 326 Entry into force, Transitional versions

(1) This Act shall enter into force on 1 January 1975, unless otherwise specified. (2) Section 78a (2), (3) of the Law of the Law of Justice, as amended by Article 22 (6) and Article 29 (26) (a), Article 61 (1), Article 161 (2). Point (d), (9) (a), Article 171 (2), Article 249 (5) to (7), Article 250 (3), (4) (a), Article 287 (24), (25), Article 294 (2), Article 302, 315 (1), even in so far as this provision applies in accordance with Article 315 (3), Articles 323, 324 (4) and 325, second sentence, shall enter into force on the day following the notification. (3) Article 19 (148), (159), (194) and (4) 206, to the extent laid down in Section 361 (3) to (5), (7) and (8) of the Penal Code, and Article 313 shall enter into force one month after the date of delivery. (4) bis (6) Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter III, Area C, Section III
(BGBl. II 1990, 889, 957)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...
2.
Introduction Act to the Penal Code of 2 March 1974 (BGBl. 469), as last amended by Article 4 of the Law of 13 April 1986 (BGBl I). 393), with the following proviso: Articles 14 to 292, 298 to 306, 312 to 314, 317 to 319 and 322 to 326 are not to be applied.
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