Read the untranslated law here: http://www.gesetze-im-internet.de/stgbeg/BJNR004690974.html
Introduction Act to the Penal Code (EGStGB) EGStGB Ausfertigung date: 02.03.1974 full quotation: "introduction Act to the Penal Code of 2 March 1974 (Federal Law Gazette I p. 469;)" IN 1975 I S., 1916; (1976 I S. 507), last by article 1 of the law of December 20, 2012 (BGBl. I p. 2756) has been changed "stand: last amended by art. 1 G v. 20.12.2012 I 2756 for details on the stand number found in the menu see remarks footnote (+++ text detection from validity: 31.12.1977 +++) (+++ requirements due to EinigVtr cf. StGBEG annex EV +++) overview the first section general rules of first title factual validity of the Criminal Code articles 1 to 4 of second title common rules for order and coercive measures article 5 until 9-second section of General adaptation of penal provisions articles 10 to 17 third section amendment of the Penal Code and of the fourth Act to reform of criminal law articles 18 to 20 fourth section change code of criminal procedure, the courts act, of the introductory act for this purpose, the federal Central Register Act, of the law on the compensation of prosecutions, of the Juvenile Court Act, of the military penal code, of the introductory Act, and of the code of administrative offences article 21 to 29 fifth section adjustment other federal laws of first title amendment of laws in the field of constitutional law and constitutional law
Article 30-35 of second title amendment of laws in the field of management article 36 to 93 of third title amendment of laws in the field of the administration of Justice article 94 to 120 of fourth title amendment of laws in the field of civil law and criminal law article 121 to 151 of fifth title amendment of laws in the field of defence article 152 to 159 of sixth title amendment of laws in the field of finance article 160 to 171 of seventh title change of laws in the field of business law article 172 – 235 eighth title amendment of laws on the area of labour law, social security, and the Kriegsopferversorgung article 236-260 of ninth title amendment of laws on the territory of post and telecommunications, transport, as well as the Federal waterway article 261-286 of tenth title expiry rules article 287 sixth section land law articles 288 to 292 seventh section additional criminal provisions articles 293 to 297 eighth section final provisions article 298-326 input formula the Bundestag has decided with the consent of the Federal Council the following law: the first section general rules of first title factual validity of the Penal Code art 1 application of the general part (1) the provisions of the general part of the Penal Code apply to that at its entry into force, existing and future federal law, unless otherwise specified by statute.
(2) the provisions of the general part of the Penal Code apply to at its entry into force, existing and future national law. They do not apply if federal law allows specific provisions of land law and the law of the land contains such provisions.
Type 1a (dropped out) type 1B-applicability of the rules of international criminal law as far as the German criminal law to acts committed abroad is used and different criminal law within the territorial scope of this Act applies, see those rules application that apply locally, in the perpetrator has his livelihood which.
Type 2 reservations for the national law the provisions of the general part of the Penal Code can provide impunity rules of land law untouched, that determine when individual national offences 1 the scope by way of derogation of articles 3 to 7 of the Penal Code or 2. under special circumstances.
Type 3 permissible consequences of crimes under national law (1) provisions of land law may for offences no other legal consequences regard it as 1. imprisonment up to two years and optional fine of up to the statutory maximum (article 40, paragraph 1, sentence 2, para 2 sentence 3 of the Penal Code), 2. confiscation of objects.
(2) provisions of land law may 1. neither imprisonment nor fine alone, and 2 with imprisonment no other minimum than that threaten to legal (§ 38 paragraph 2 of the Penal Code) and not a lower maximum than six months.
Art 4 relation of the special part to the Federal and land rights (1) the provisions of the special part of the Penal Code without prejudice to the penal provisions of federal law, if they be repealed or amended by this law.
(2) the provisions of the special part of the Penal Code without prejudice to the criminal and penalty provisions of land law, as far as these have not a matter to the subject, which is finally regulated in the Penal Code.
(3) the provisions of the criminal code on fraud, handling stolen goods and favoring allow appropriate criminal and penalty offence like the tax code include the provisions of land law untouched, which explain the criminal and penalty provisions of the tax code for applicable taxes or other levies 1 or 2; Article 3 shall remain unaffected.
(4) the provisions of the Penal Code on theft, receiving stolen property and favoring without prejudice to national legislation for the protection of field and forest, which determine that an act in certain cases, which appear insignificant, is not punishable or is not tracked.
(5) the provisions of the criminal code about trespassing, property damage and document forgery can national legislation for the protection of field and forest untouched, certain acts only with fines threaten the 1 or 2 determine that an act in certain cases, a) that seem insignificant, is not punishable or not persecuted, or b) which appear slightly, only at the request or is tracked only , the public prosecutor's Office because of the special public interest adhere to intervene in law enforcement by virtue necessary for.
Second title common rules for regulatory and coercive type 5 indicating the legal disadvantages may in provisions of the Federal and the State law right disadvantages which are not threatened in crime, not be called imprisonment, imprisonment, fine or monetary penalty.
Type 6 minimum and maximum order and coercion (1) threatens the Federal fine or penalty, without determining the minimum or maximum, so the minimum of five is the highest level of thousand euros. Threatens State laws fine, sentence shall apply 1.
(2) the law Ordnungshaft threatening, without determining the minimum or maximum, so the minimum of a day, the maximum penalty is six weeks. It is calculated in this case Ordnungshaft according to days.
His economic situation cannot be expected to 7 payment facilitation of fine (1) the person concerned after, to pay the fine immediately, so will a payment period is granted or allowed to pay the fine in certain parts. This can be arranged, that the discount is not applicable if affected parties in a timely manner will pay a partial refund to pay the fine in certain parts.
(2) after the fixing of the fine money, the Agency to which the enforcement of the fine money is a matter decides on granting payment facilities referred to in paragraph 1. She can change a decision on payment facilitation or pick up. While she may depart from a previous decision to the detriment of the person concerned only on the basis of new facts or evidence.
(3) to pay the benefit referred to in paragraph 1 sentence 2, the administrative fine in certain parts, so this will be recorded in the files. A payment relief may be granted again the victim.
(4) the body which has set the fine if the enforcement is a matter anywhere else decides objections to arrangements under paragraphs 2 and 3.
Type 8 subsequent decisions on the Ordnungshaft (1) the administrative fine may not be driven in and is the setting of for this case Ordnungshaft there have been no, the Court turns the fine subsequently in Ordnungshaft to. The Court shall decide after consultation of the parties by decision.
(2) the court orders that the enforcement Ordnungshaft, which was fixed the place a bad order money, is omitted if the enforcement for the people affected would be an undue hardship.
Type 9 limitation of order means (1) including limitation setting of fine and Ordnungshaft from. The limitation period shall, unless the law States otherwise, two years. The Statute of limitations starts when the action is completed. The limitation rests, as long as according to the law the procedure for the fixing of the fine money can be not started or discontinued.
(2) the limitation period includes the enforcement of the right money and the Ordnungshaft. The limitation period is two years. The limitation period begins as soon as the Feuerbach is enforceable. The Statute of limitations be suspended as long as 1 the law enforcement not started or not can be continued, 2 is subject to the enforcement or 3 a payment relief is granted.
General customization by criminal type 10 scope (1) the provisions of this section apply to the penal provisions of federal law, so far as they do not especially changed by law.
(2) the rules do not apply to the sanctions of the military penal code and the Civil Service Act.
Type 11 freedom sanctions threatens the law imprisonment with a specific minimum amount, that is one month or less, so eliminates the threat of this minimum.
Type the law in addition to imprisonment without special minimum threatens 12 monetary sanctions (1) either no penalty, so the optional threat of penalty is in addition to the prison sentence. This also applies if the threat of the Special minimum accounts for the imprisonment under article 11.
(2) a fine either threatened in addition to imprisonment of unlimited height or with a special high level or with a maximum that exists in the multiple, simple or fraction of a certain amount, fine with a statutory maximum is replaced (article 40, paragraph 1, sentence 2, para 2 sentence 3 of the Penal Code), as far as paragraph 4 determines otherwise.
(3) fine as well as imprisonment is prescribed or approved, this threat is eliminated.
(4) the law threatens to imprisonment up to six months, the highest level of either threatened fines is one hundred eighty daily rates. This also applies if the optional threat of penalty resulting from paragraph 1.
Type 13 (dropped out) type 14 to 17 article 14 police supervision as far as regulations allow police supervision, they enter override.
Article 15 foreclosure as far as regulations outside of the general part of the Penal Code prescribe the forfeiture of an object or a corresponding value replacement due to a crime or an illegal act or permit, they occur except force.
Article 16 withdrawal of Strafantrages as far as the withdrawal of the Strafantrages rules outside of the general part of the Penal Code, kick them aside.
Article 17 buses in favour of the injured as far as regulations determine that cannot be detected in favour of the victim of a criminal offence on a bus, they override.
Third to fifth section - type 18-287 - sixth section land law type 288 scope the provisions of this section apply to the penal provisions of the law of the land, as far as they are not especially changed by an act of the country.
289 regulations are general adjustment no longer to apply, so far as they threaten to legal consequences that are not allowed under article 3.
Type can be detected even 290 money (1) sanctions on financial penalty if the law in addition to imprisonment threatens either no fine.
(2) the law in addition to imprisonment with a maximum period of more than six months threatens optional fine of unlimited height or with a special high level with a maximum, that consists in the multiple, simple or fraction of a certain amount, as can be seen on fine up to the statutory maximum. The maximum of either threat of imprisonment is only six months, so can be recognized on financial penalty up to one hundred eighty daily rates.
(3) regulations are no longer to apply, so far as they impose fines as well as imprisonment or allow.
Type 291 regulations are withdrawal of Strafantrages, buses in favour of the injured to apply no longer regulate the withdrawal of the charges 1 or 2 determine that can be recognized in favour of the victim of a criminal offence on a bus.
292 no longer applicable criminal and penalty offence are (1) criminal and penalty provisions of land law, which have a matter finally regulated in the Penal Code on the subject, no longer to apply, so far as they remain not unaffected under article 4 para 3 to 5.
(2) & (3) seventh section additional criminal provisions prevent the enforcement of the imprisonment and provision of services (1) which are State Governments empowered type 293, by regulation arrangements, whereby the executing authority may permit the sentenced person to avert the enforcement of an imprisonment according to article 43 of the criminal code by free labor. As far as the condemned man has done the free work, the imprisonment is completed. The work must be free of charge; She must be used for non-commercial purposes. The State Governments can confer Ordinance on the land justice administrative authorities the empowerment.
(2) through the free work, no employment relationship within the meaning of the work and no employment relationship within the meaning of the social security system, including unemployment insurance, or tax law is justified. The rules on occupational safety and health apply proper.
(3) paragraph 2 shall apply accordingly for free work carried out on the basis of an arrangement in the where and for charitable services and work according to § 56 para 2 sentence 1 No. 3 of the Penal Code, section 153a para 1 sentence 1 No. 3 of the code of criminal procedure, article 10, paragraph 1, sentence 3 No. 4 and § 15 para 1 sentence 1 No. 3 of the Juvenile Court Act and article 98, paragraph 1, sentence 1 No. 1 of the law on administrative offences or by law appropriate provided as a result of application of the mentioned Regulations.
Art 294 court assistance the Court help (§ 160 section 3 sentence 2 of the code of criminal procedure) belongs to the Division of the land justice administrations. The provincial government can determine by Regulation any other authority in the field of the social security administration.
The Division of the land justice administrations include 295 supervisory authorities in management supervision (1) art supervisory authorities (section 68a of the Penal Code).
(2) the tasks of the supervisory authority are perceived by officials of the higher service, State-approved social workers or co-ordinators or officials of the upscale service. The head of the supervisory authority must have the qualification of judgeship or an official of the higher service. The Board of the supervisory authority can be transmitted also a judge.
Art 296 is imports of newspapers and magazines article 86, paragraph 1, of the Penal Code do not apply to newspapers and magazines that appear outside of the spatial scope of this Act in a permanent, regular row and there generally and publicly distributed.
Art 297 prohibition of prostitution (1) the State Government can protect of the youth or of public decency, 1 for the whole territory of a municipality up to fifty thousand inhabitants, 2 for parts of the area of a municipality of over twenty thousand inhabitants or an unincorporated area, 3. regardless of the number of inhabitants for public roads, paths, squares, and other places, which can be seen from there , in the whole territory or parts of the territory of a municipality or an unincorporated area by regulation prohibit to investigate prostitution. She may limit the prohibition pursuant to sentence 1 No. 3 also on certain times of the day.
(2) the State Government onto this authorization by regulation a Supreme National Authority or other authorities.
(3) housing restrictions are prohibited on certain streets or city blocks for the purposes of the exercise of prostitution (Quarterings).
Eighth section final provisions art 298 minimum of (1) a prison sentence imprisonment under a month may not be imposed also because such acts, committed before January 1, 1975.
(2) should the Court imposed a sentence under a month under previous law, so it detects on a fine up to thirty daily rates.
Art 299 fine (1) the provisions of the new law on the fine (sections 40 to 43 of the Criminal Code) also apply to acts committed before January 1, 1975, unless other paragraphs 2 and 3.
(2) the fine shall not exceed the maximum of so far threatened fine number and the amount of daily rates overall. It only so many daily rates may be imposed, that the imprisonment according to section 43 of the criminal code is not higher than the maximum penalty of imprisonment threatened under existing law.
(3) in addition to imprisonment, a fine may be only imposed according to article 41 of the Penal Code if even under existing law, a fine as well as imprisonment was prescribed or approved.
300 violations (1) on the acts committed before January 1, 1975, which were violations under current law and under new law are offences, is to apply the new law with the restriction that the prerequisites of criminality and the maximum of custodial sentence determine under existing law. Article 298, 299 are to apply.
(2) the acts committed before 1 January 1975, which were violations under previous law, remain in the application of section 48 para 1 of the Penal Code not taken into consideration.
Type 301 - type 302 is crediting of detention order execution on the penalty before January 1, 1975 the accommodation in a medical or care institution or in a drinker hospital or an institution for withdrawal pursuant to § consummated 456 b sentence 2 of the code of criminal procedure in the previous version before the imprisonment, so the time of the execution of the detention order on the penalty will be applied.
Type 303 management supervision
(1) because of an act which has been committed before January 1, 1975, management supervision must not be arranged according to article 68, paragraph 1, of the Penal Code.
(2) after serving a term of imprisonment for an offence which has been committed before January 1, 1975, management supervision does not occur according to § 68f of the Penal Code.
Type 304 police supervision is granted before January 1, 1975, on the admissibility of police supervision, so this phrase loses its effect. Is the admissibility has been registered by police supervision in the central register of convicted, the registration is to pay off.
Art 305 Associates employment ban in addition to the penalty imposed for an offence committed prior to January 1, 1975, the Court only on the profession when except for the requirements of section 70 of the Penal Code, also prohibit the exercise of professional or business management conditions are met under existing law. The profession must forever be placed in this case.
Type 306 self-employed arrangement of measures the provisions of the new law over the separate arrangement of measures of improvement and assurance (section 71 of the Criminal Code) also apply to acts committed before January 1, 1975. This does not apply if the detention order must not be arranged under articles 301 and 305 also in addition to the penalty.
Type 307 foreclosure (1) the provisions of the new law 1 on the conditions of decline (§§ 73, 73a of the Penal Code) apply to the arrangement of decay due to an act which has been committed before 1 January 1975 and which decided after that date, insofar as the previous the forfeiture or confiscation of pay law, 2. over estimate , the decision in cases of hardship, the effect of the revocation and its subsequent arrangement (§§ 73 b to 73d, 76 of the Penal Code).
(2) the revocation arrangement is also allowed as according to section 27 b of the Penal Code in the previous version a higher fine would have can be imposed as under new law. The decline in the compensation of of value of takes the place of the arrangement of the decay of an object.
(3) paragraph does not apply 1 No. 1, the previous law for those affected is cheaper.
Type 308 the provisions of the new law on complaint, authorization and penalty request (articles 77-77e, 194 of the Penal Code) complaint, authorization, penalty request (1) also apply to acts committed before January 1, 1975, unless other provisions of paragraphs 2 to 5.
(2) a request was under existing law to pursue necessary so it remains.
(3) an application before January 1, 1975 remains in effect even if the entitlement is another new law.
(4) the right to make a complaint, on January 1, 1975 was already extinct according to the provisions of existing law, so it remains the case.
(5) the Act is only through the provisions of the new law only at the request of trackable, the application deadline ends at the earliest on 31 March 1975.
Type 309 tracking and enforcement Statute of limitations (1) the provisions of the new law about the persecution and execution of limitation (§§ 78 and 79 b of the Penal Code, articles 31 to 34 of the code of administrative offences) also apply to acts committed before January 1, 1975, unless other provisions of paragraphs 2 to 4.
(2) for acts of interruption, that is made before January 1, 1975, the previous law shall apply.
(3) as far as the limitation of existing law are shorter than the new law, they of the previous law shall apply.
(4) the limitation period for the prosecution or the enforcement has been interrupted prior to January 1, 1975, so barred the prosecution or enforcement, by way of derogation from § 78c para 3 sentence 2, § 79 section 33, paragraph 3, sentence 2, of the Penal Code, section 34 of the code of administrative offences, at the earliest at the end of the the of the last interruption Act on to calculate the period of limitation.
(5) in calculating the period of limitation according to § 1 para 1 sentence 1 of the Act on the calculation of the criminal limitation period from April 13, 1965 (Bundesgesetzbl. I p. 315), as amended by the first law for the reform of criminal law of 25 June 1969 (Bundesgesetzbl. I p. 645), is to apply section 78 (4) of the Penal Code accordingly.
Type 310 announcement of condemning the provisions of the new law on the court order that a conviction shall be published publicly, also apply to acts committed before January 1, 1975.
Type 311 violation of private secrets by public officials and especially obligated party (1) as far as the reveal or salvage a strange mystery, namely an operating or business secrecy, by persons who should especially be obliged, under new law for the public service was threatened by existing law, with fine, apply 1 for the acts committed before 1 January 1975 the provisions of existing law about the violation of a foreign secret continue and begangenen 2 for after January 1, 1975. Did the penal provisions of the new law (§ 203 paragraph 2, § 204 of the Penal Code) Accordingly, provided that the penal provisions of the new law are alone for this reason inapplicable, because the perpetrators especially is been committed before January 1, 1975, for the public service, although the conditions under which the obligation should be made under new law, had been.
(2) in the cases of paragraph 1 No. 1 shall apply the provisions of the new law (§ 203 paragraph 2, 5, section 204 of the Penal Code), insofar as they are indeed more favourable for the offender.
Type 312 judiciary and criminal proceedings (1) as far as the substantive jurisdiction of courts varies on the basis of the provisions of this Act, applies to this court pending criminal matters only if the trial is not yet opened or the revision court overrules the judgment and refers the matter back after section 354, paragraph 2, of the code of criminal procedure.
(2) the Federal Court is also then to negotiate and decision on the appeal of the audit responsible if the revision aimed against a judgment of the judge at the District Court or the Court of Alderman or against the small or large criminal appeal judgment, by placing the defendant in a medical or nursing home is arranged, and appointment to the main hearing before the High Court has not yet determined.
(3) is before January 1, 1975 on accommodation in a medical or care institution or one drinker mental hospital or a withdrawal facility on prohibiting the exercise of professional or business management or approval of the notice of judgment have been recognized and the Court of Cassation considered that the revision is also unfounded, is thus corrected it the verdict then, that the place 1 accommodation in a medical or nursing home accommodation in a psychiatric hospital , 2. the accommodation in a drinker sanatorium or a withdrawal facility accommodation in a detox facility, 3. the prohibition of the exercise of professional or business management is the profession, 4. the admissibility of judgment notice their arrangement.
(4) is the Court of Cassation considers that a ruling issued prior to January 1, 1975 solely because the article 299 and 307 not complies with the law, so the revision can be discarded even, if a much other decision on the amount of fines or the expiry is not expected.
(5) the Court of Cassation can process paragraphs 3 and 4 in a decision according to section 349 paragraph 2 of the code of criminal procedure after, if the revision the rest unanimously for obviously considers it unfounded.
Type 313 still not enforced penalties (1) legally imposed sanctions for such acts, which are no longer punishable and threatened with fines under new law, be issued with entry into force of the new law, insofar as they are not yet enforced. The Amnesty extends to penalties and side effects with the exception of confiscation and useless treatment, measures of improvement and assurance, correction and breeding resources was under the Juvenile Court Act and on overdue fines and costs, even if the sentence upon entry into force of the new law already carried out.
(2) paragraph 1 shall apply accordingly if a sentence imposed before the entry into force of the new law is valid after this date 1 because an appeal is not inserted or withdrawn or if the appeal is not allowed, or 2. is otherwise valid, without changing the guilty verdict could.
(3) is the offender convicted of an act has been, has violated a new law no longer applicable regulation and at the same time a different regulation (§ 73 para 2 of the criminal code in the previous version), paragraphs 1 and 2 shall not apply. The Court new sets the penalty attributable to the other delinquency if the penalty is taken from a regulation, which is abolished or no longer punishable is the facts of the case, which underlay the conviction, or threatened with fines. The punishment of another regulation is taken, so it is reduced appropriately if to assume is that the Court due to injury to the softening regulation on a higher penalty has recognized.
(4) a total penalty of individual penalties within the meaning of paragraph 1 sentence 1 and other individual punishments, the penalty to redetermine is. In the cases of §§ 31 and 66 of the Juvenile Court Act applies mutatis mutandis.
(5) in case of doubt about the resulting from paragraphs 1 and 2 legal consequences and pursuant to paragraphs 3 and 4 the §§ 458 and 462 of the code of criminal procedure apply to the judicial decisions accordingly.
Type 314 imposed transfer of enforcement (1) a prior to January 1, 1975 and still not or only partly wedding accommodation in a medical or nursing home is carried out as in a psychiatric hospital, an accommodation in a drinker sanatorium or a withdrawal facility as accommodation in an institution for withdrawal.
(2) the accommodation in a medical or nursing home, or in a drinker sanatorium a detox facility in the backup storage before January 1, 1975 is conditionally suspended, so management supervision occurs. The imposition of special obligations according to § 42 h paragraph 2 of the Penal Code in the previous version considered instruction pursuant to § 68 para 2 of the criminal code.
(3) a prohibition ordered before January 1, 1975 the profession or the operation has the effect of a professional ban.
(4) a power to the publication of the judgment pronounced before January 1, 1975 shall be executed so as if on the order of publication of the judgment would be recognized.
(5) has been awarded prior to January 1, 1975, in addition to the penalty on accommodation in a medical or care institution or accommodation in a drinker sanatorium or an addiction Institute article 67 par. 1 to 3 shall apply of the Penal Code with the proviso, that begun enforcement of imprisonment three months can be continued after that date.
Type 315 finds § 2 of the Penal Code with the subject would have been application the Court apart from punishment when law applicable at the time of the Act of the German Democratic Republic, not a custodial sentence or a conviction on probation forfeited still a fine application of criminal law for acts committed in the German Democratic Republic (1) to acts committed before the effect of the accession of the German Democratic Republic.
(2) the provisions of the Penal Code on the fine (sections 40 to 43) applies committed acts that before the effect of the accession of the German Democratic Republic, unless otherwise determined below. The fine shall not exceed the maximum of so far threatened fine number and the amount of daily rates overall. More than three hundred sixty daily rates may be imposed.
(3) the provisions of the Penal Code on the suspension of the remainder of a sentence and the revocation of suspended sentences found on convictions on parole (article 33 of the Criminal Code of the German Democratic Republic) as well as on prison sentences application that have been imposed because of acts committed before the effect of the accession of the German Democratic Republic, as far as is not specified otherwise in the principles of article 2 par. 3 of the Penal Code.
(4) paragraphs 1 to 3 shall not apply, so far as for the fact the criminal law has been the Federal Republic of Germany already before the effect of the accession.
Art 315a executing and limitation periods for persecuted in the German Democratic Republic and abgeurteilte deeds;
Limitation period for actions not sanctioned during the reign of the unjust SED regime (1) insofar as the limitation period for the prosecution or the enforcement is not occurred under the law of the German Democratic Republic until accession, remains there. The same applies as far as the Federal Republic of Germany has applied to action before the effect of accession also criminal law. The limitation is considered to be interrupted on the effective date of accession; § 78c § 3 of the Penal Code remains unaffected.
(2) the prosecution of crimes, which were committed in the area referred to in article 3 of the Unification Treaty and threatened a maximum prison sentence of more than one year up to five years are barred at the earliest at the end of 2 October 2000, the persecution of crime committed in this area before the end of October 2, 1990 and the maximum prison sentence up to one year or threatened with fine deeds at the earliest at the end of December of 31 crime 1995 (3) , which meet the facts of murder (article 211 of the Penal Code), for which the penalty but determined, not become time-barred is according to the law of the German Democratic Republic.
(4) paragraphs 2 and 3 do not apply to deeds, their tracking was already barred on September 30, 1993.
(5) in the calculation of the limitation period for the prosecution of acts which were committed during the reign of the SED regime of injustice, but according to the express or presumed will of the State and party leadership of the former German Democratic Republic from political or otherwise with the essential principles of a liberal constitutional order not are been punished contradictory reasons, time of 11 October 1949 until 2 October 1990 except approach. At that time, the Statute of limitations has rested.
Footnote (+++ article 315a para 2 and 3: the application cf. Article 2 G v. 27.9.1993 I 1657 F. ab 27.9.1993 +++) type 315b complaint with crime committed in the German Democratic Republic the provisions of the Penal Code on the criminal complaint also apply to acts committed before the effect of the accession of the German Democratic Republic. A request was required, under the law of the German Democratic Republic to track so it remains. An application before the effective accession remains in effect. Was already expired under the previous law of the German Democratic Republic, on the effective date of the accession of the right to make a complaint, so it remains the case. The fact is traceable, according to the regulations of the Federal Republic of Germany only at the request of the application deadline ends at the earliest on 31 December 1990.
Type 315c adjustment of the sanctions as far as crimes of the German Democratic Republic continue to apply, take the place of previous threats of criminal sanctions of imprisonment and fine, provided for in the Penal Code. The other sanctions are eliminated. The fine shall not exceed the maximum of so far threatened fine according to type and level of day rates overall. More than three hundred sixty daily rates may be imposed.
Type 316 transitional provision of the ninth criminal law amendment Act (1) article 66, paragraph 2, and article 67, paragraph 1, of the Penal Code as amended by article 1 of the criminal law amendment Act of ninth of August 4, 1969 (Federal Law Gazette I p. 1065) apply also to previously committed deeds and previously imposed penalties, if the tracking and enforcement at the entry into force of the ninth of Amendment Act of criminal law still not were barred on August 6, 1969.
(2) section 1 of the Act on the calculation of the criminal limitation period from April 13, 1965 (Federal Law Gazette I p. 315) shall remain unaffected.
Type 316a transitional provision of the sixteenth criminal law amendment Act (1) section 78, paragraph 2, of the Penal Code as amended by article 1 of the sixteenth of criminal law amendment Act of July 16, 1979 (Federal Law Gazette I p. 1046) also applies to previously committed deeds, if the tracking at the entry into force of the sixteenth of criminal law amendment Act was not still barred on July 22, 1979.
(2) section 1 of the Act on the calculation of the criminal limitation period from April 13, 1965 (Federal Law Gazette I p. 315) shall remain unaffected.
Type 316b transitional provision of the twenty-third criminal law amendment Act (1) section 67, paragraph 4 and article 67d, par. 5 of the Penal Code do not apply to accommodations; been arranged prior to May 1, 1986 the previous law applies to the imputation of the time of the enforcement of the detention order on the penalty.
(2) is anyone convicted before 1 May 1986 to several imprisonment or life and early prison sentence, § 460 shall apply by analogy to the code of criminal procedure, if would have been recognized as total penalty under new law on a life sentence.
Type 316c transitional provision of the thirtieth criminal law amendment Act § 78 b paragraph 1 of the criminal code as amended by article 1 of the thirtieth of criminal law amendment Act of 23 June 1994 (Federal Law Gazette I p. 1310) also applies to acts committed prior to the entry into force of the thirtieth of criminal law amendment Act on 30 June 1994, except that their persecution at this time is already barred.
Type 316 d transitional provision of the forty-third criminal law amendment Act § 46 (b) of the criminal code and section 31 of the Narcotic Drugs Act as amended by article 2 of the criminal law amendment Act Dreiundvierzigsten of July 29, 2009 (BGBl. I p. 2288) do not apply to procedures where before September 1, 2009 the opening of the main proceedings is adopted.
Type 316e transitional provisions to the Act to the restructuring of the law of the backup storage and accompanying regulations
(1) the rules on the backup storage in the version of law on the reorganization of the right of the backup storage and accompanying regulations by December 22, 2010 (Federal Law Gazette I p. 2300) shall only apply if the Act or at least one of the actions because of their ascent, the backup storage should be ordered or reserved, has been committed after December 31, 2010. In all other cases is the previous right to apply, as far as in paragraphs 2 and 3 as well as otherwise determined in article 316f of paragraphs 2 and 3.
(2) have been committed before January 1, 2011 the deeds, because of their ascent, the backup storage should be arranged according to § 66 of the Penal Code, and the culprit is therefore still not legally been convicted, § 66 of the Penal Code in the since 1 January 2011 is amended to apply when it is the milder law compared to the previous law.
(3) a secure custody legally arranged according to § 66 of the Penal Code before January 1, 2011 explains the Court closed, if the arrangement is based exclusively on deeds, which can be no more basis for such an arrangement according to § 66 of the Penal Code in force since January 1, 2011. The Court can set as far as this is necessary to carry out release preparations, no later than July 1, 2011 as the date of registration. That is responsible for the decisions pursuant to sentences 1 and 2 462a paragraph 1 of the code of criminal procedure to the articles 454, Court of competent jurisdiction. For the procedure is article 454, paragraph 1, of the code of criminal procedure according to apply 3 and 4; the executing authority shall send the files immediately to the public prosecutor of the competent court, which promptly handled by the Court. With the release of the full guidance supervision occurs.
(4) section 1 of the therapy accommodation law by December 22, 2010 (Federal Law Gazette I S. 2300, 2305) is under the local other conditions also apply if accommodated the person concerned still not in secure custody, against him but already arranged security custody at first instance was, and due to a revision decision before May 4, 2011, it was found that the backup storage could be arranged only therefore not legally , because a ban on retroactive aggravations in the backup storage law to strengthen which stood in the way, without it it would have arrived on the degree of dangerousness of the person concerned to the general public.
The existing regulations on the backup storage are kind 316f transitional provision of law to the Federal implementation of the distance commandment in the law of the backup storage (1) where as of 1 June 2013 amended to apply, if the Act or at least one of the actions because of their ascent of the backup storage be ordered or reserved to (Opportunity Act), has been committed after 31 May 2013.
(2) in all other cases are, as far as paragraph 3 unless otherwise determined to apply the force until 31 May 2013 legislation securing custody in accordance with the rates of 2 to 4. The arrangement, continuation of the backup storage on the basis of a statutory provision, which was not yet in force at the time entered last occasion indeed, or a subsequent order of the backup storage, which requires not the completion of an accommodation in a psychiatric hospital, or the continuation of such later arranged backup storage is allowed only if a mental disorder in the individual and specific circumstances in his person or his behavior to derive is a high-grade danger , that he will commit serious violent or sexual offences committed as a result of this disorder. Due to legislation, which at the time still not entered into force was the last occasion indeed, the arrangement of the backup storage can only be reserved if a mental disorder is in the individual and the danger referred to in sentence 2 is likely or, if the person concerned is an adolescent, is determined. There are no longer the conditions for a continuation of the backup storage in the cases referred to in sentence 2, the Court declared the measure done; with the release of the full of accommodation guide supervision occurs.
(3) that by articles 1, 2 number 1 letter c double letters cc and number 4 articles 3 to 6 of the Act to the Federal implementation of the distance bid in the backup storage from 5 December 2012 law (BGBl. I p. 2425) amended regulations set are also in paragraph 2 1 referred cases to apply, section 67 c paragraph 1 set 1, paragraph 2 of the Penal Code only , if no sufficient support within the meaning of § 66 c of the Penal Code is been offered after May 31, 2013. 119a paragraph 3 of the prison law for the first decision of its own motion, the period to run when the imprisonment at that time is already implemented on June 1, 2013.
Type 317 transfer of proceedings for offences under new law (1) the pending entry into force of the new law an infringement, which is threatened by new law only with fines, be in the position where they are continued under the rules of the code of administrative offences, insofar as nothing else is determined. The Court of such infringement has already opened the proceedings or issued an indictment or a fine, the public prosecutor's Office for tracking in fine proceedings remains responsible. section 72 of the code of administrative offences is not applicable in this case.
(2) sections 79, 80 of the Act offences under new law only do not apply if the judgment before entry into force of the new law an infringement, nor is threatened with fines. in these cases the §§ 313 and 334 of the code of criminal procedure in the previous version shall continue to apply. Is the Court of Cassation considered that such a judgment solely because of the new law does not meet the law, corrected's guilt and a conviction for a fine converts this to an appropriate amount of the fine. The Court of Cassation can process so in a decision, according to section 349 paragraph 2 of the code of criminal procedure, if the revision the rest unanimously for obviously considers it unfounded. The court reverses the judgment, so's can refer back notwithstanding the case to the Court, whose ruling will be lifted by § 354, paragraph 2, of the code of criminal procedure.
Kind is 318 infringements under the laws in the field of social security (1) on the offences committed before 1 January 1975 according to the laws in the field of social security, which were threatened by existing law, with fine and are offences under new law, to apply the new law with the restriction that the maximum penalty the amount of the fine determined by the high level of the previous fine.
(2) is however before January 1, 1975, due to one of the infringements referred to in paragraph 1 an order Strafbescheid adopted has been to apply the existing laws is proceeding.
Type 319 application of previous cost law in criminal and penalty matters fees are charged according to the previous law, if the decision about the cost has become final prior to January 1, 1975.
Type 320 (dropped out) type 321 (dropped out) type 322 references as far as in other provisions on referenced regulations are amended by this Act, the amended regulations take their place.
Type 323 - type 324 Special arrangements for Berlin (1) article 18 II No. 3, as far as this number refers to no. 5 § 5, article 19 No. 5 letter b, no. 6 to 9, 12, 34 to 41, 207, as this number relates to sections 84 to 87, 89 and 109 to 109 k, article 21 No. 24 point (b), article 26 No. 52 and 53 , Articles 27, 28, 31, 34, 35, 70, 147, 152-159, 181, 287 No. 44, 52, 56, 77 and 81 and article 326 par. 5 No. 7 to 9 are not to apply in the Federal State of Berlin. Article 230 is in Berlin only apply, if the law of the State of Berlin changed by him is taken.
(2) who are Nos. 43 and 44 sections 113 and 114 of the Penal Code, in the version resulting of from article 19 to apply also in the Federal State of Berlin.
(3) (4) the sanctions applicable in favour of federal and the countries, its constitutional order, its State organs and their members are to be applied also with regard to the State of Berlin.
(5) the following special rules apply of section 74a, paragraph 1 of the courts act in Berlin, Germany: 1. number is 2 to apply in the following version: "2. endangering the democratic rule of law in the cases 90 b of the Penal Code, 2. number 3 is the sections 85, 86, 87-90, 90a para 3 and § does not apply.
Art 325 (fallen off) type 326, transition frames (1) this law into force shall on 1 January 1975, insofar as nothing else is determined.
(2) section 78a para 2, 3 of the Court Constitution Act, in the version resulting of from article 22 (No. 6) and article 29 No. 26 2(a), article 61 No. 1, article 161 No. 2 letter d, no. 9 letter a, article 171 No. 2, article 249 No. 5 to 7, article 250 No. 3, 4 letter a, article 287 No. 24, 25, article 294 set 2 , Article 302, 315 ABS. 1, also to the extent that this provision under article 315 shall apply paragraph 3 in accordance with article 323, 324 paragraph 4 and article 325 set 2 into force on the day after the announcement.
(3) 313 article 19 No. 148, 159, 194 and 206, as far as this number § 361 revokes No. 3 to 5, 7 and 8 of the criminal code, as well as article one month after the proclamation into effect.
(4) to (6) Annex EV excerpt from EinigVtr annex I Chapter III functional area C section III (BGBl. II, 1990, 889, 957)-requirements for the joined area (article 3 EinigVtr)-section III federal law in the area with the following stipulations referred to in article 3 of the Treaty enter into force:...
2. introduction Act to the Penal Code of 2 March 1974 (BGBl. I p. 469), last amended by article 4 of the Act of 13 April 1986 (BGBl. I p. 393), with the following provisions: article 14 to 292, 298-306, 312-314, 317 to 319, and 322 to 326 are not to apply.
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