Introduction Act To The Penal Code

Original Language Title: Einführungsgesetz zum Strafgesetzbuch

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Introduction Act to the Criminal Code (EGStGB)

Non-official table of contents

EGStGB

Date of issue: 02.03.1974

Full quote:

" Introduction Act to the Penal Code of 2. March 1974 (BGBl. 469; 1975 I p. 1916; 1976 I p. 507), which was last amended by Article 1 of the Law of 20. December 2012 (BGBl. I p. 2756) "

:Last modified by Art. 1 G v. 20.12.2012 I 2756

See Notes

Footnote

(+ + + Text credits: 31.12.1977 + + +)
(+ + + + + +) for more information on the stand. Measures on the basis of EinigVtr cf. StGBEG Appendix EV + + +)

unofficial table of contents

overview

FIRST SECTION
General rules
First TitleSachliche validity of criminal codeArticles 1 to 4
Second TitleCommon Rules for Order and Forced MeansArticle 5 bis 9
SECOND SECTION 
General adjustment of criminal rulesArticles 10 to 17
THIRD SECTION
Amendment of the Penal Code and the Fourth Criminal Law Reform ActArticles 18 to 20
FOURTH SECTION
Amendment of the Criminal Procedure Code, the Judicial Constitutional Law, the Introductory Act, the Federal Central Register Act, the law on compensation for law enforcement measures, the Juvenile Justice Act, the Military Criminal Law, the Introductory Act, and the Law on Administrative OffencesArticles 21 to 29
FIFTH SECTION
Adapting other federal laws
 
First TitleAmendment of laws in the field of state law and constitutional lawArticles 30 to 35
Second TitleChanges to the laws on the Area of AdministrationArticles 36 to 93
Third Title Change of laws in the field of the administration of justiceArticles 94 to 120
Fourth TitleAmendment of laws in the field of civil law and criminal lawArticle 121 bis 151
Fifth TitleChange of laws in the field of defense Articles 152 to 159
Sixth titleChange of law in the financial fieldArticles 160 to 171
Seventh TitleChanges to laws in the field of Economic RightArticles 172 to 235
Achter Title Amendment of laws in the field of labour law, social security and the provision of war victimsArticles 236 to 260
Neunter TitleChange of laws in the field of postal and telecommunications, transport and federal waterwaysArticles 261 to 286
Tenth TitleRegulations external forceArticle 287
SIXTH SECTION
Landesrechts Customization Articles 288 to 292
SEVENTH SECTION
Supplemental penal regulations Articles 293 to 297
ACHTER SECTION
Final ProvisionsArticle 298 up to 326
unofficial table of contents

input formula

The Bundestag, with the consent of the Bundesrat, has the following law decided:

First section
General rules

First Title
Sachliche Valiant of the Penal Code

Non-Official Table of Contents

Type 1 General Part

(1) The provisions of the General Part of the Penal Code apply to the its entry into force and the future federal law, insofar as the law does not determine anything else.(2) The provisions of the General Part of the Penal Code shall also apply to the existing and future national law as 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)

unofficial Table of contents

Art 1b Applicability of the provisions of international criminal law

Insofar as the German criminal law applies to acts committed abroad and a different criminal law applies within the scope of this Act, shall apply those rules which apply to the place where the perpetrator has his or her livelihood. Non-official table of contents

Type 2 reservations for national law

The provisions of the General Part of the Penal Code leave provisions of the National law unaffected by individual national criminal offenses
1.
by way of derogation from § § 3 to 7 of the Criminal Code, or
2.
provide for impunity under special conditions.
Non-official table of contents

Art 3 Permitted legal consequences for offences under national law

(1) State law provisions may not apply to criminal offences. other legal consequences other than
1.
imprisonment of up to two years and, alternatively, fine up to maximum (§ 40 (1) sentence 2, paragraph 2 sentence 3 of the Penal Code),
2.
confiscation of objects.
(2) Regulations of the national law may be
1.
neither a custodial sentence nor a fine alone, and
2.
with imprisonment no other minimum than the legal (§ 38 para. 2 of the Criminal Code) and no lower limit than six months
threaten. Non-official table of contents

Type 4 Relationship of the Special Part to Federal and State Law

(1) The provisions of the Special Part of the Penal Code is without prejudice to the criminal provisions of federal law, insofar as they are not repealed or amended by this law.(2) The provisions of the special part of the Criminal Code also do not affect the provisions of criminal law and fines of the national law, in so far as these do not have the object of a subject which is finally regulated in the penal code.(3) The provisions of the Criminal Code relating to fraud, hehlerry and favouritism shall be without prejudice to the provisions of the national law applicable in the case of taxes or other charges
1.
declare the criminal and fine rules of the tax order for applicable or
2.
corresponding
provisions of the Criminal Code relating to theft, hehlerry and favouritism leave the provisions of the law on the protection of the field and of the law applicable to the protection of the field and of the law applicable to the law on the protection of the field and the protection of the property. Forst is unaffected by the fact that in certain cases, which appear insignificant, an act is not punishable or is not prosecuted.(5) The provisions of the Criminal 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 field and forestry, which are
1.
mentions certain actions only with fine or
2.
determine that in certain cases,
a)
that appear insignificant, is not punishable, or is not tracked, or
b)
the minor shall be prosecuted only at the request or only if the law enforcement authority considers that the law enforcement authorities have been able to intervene on the grounds of the special public interest in the prosecution.
name="BJNR004690974BJNG000300315 " />

Second Title
Common Rules for Order and Forced Means

Non-official Table of contents

Art 5 Name of legal disadvantages

In federal and state law, legal disadvantages which are not threatened in the case of criminal offences may not be a custodial sentence, prison sentence, administrative penalty, or a criminal offence. A fine is called a fine. Non-official table of contents

Type 6 Minimum and maximum orders and penalties

(1) Is the federal law in charge of order or periodic penalty payments, without the minimum or maximum level, the minimum level shall be five, the maximum amount of a thousand euro. If the Landesgesetz threatens the law of order, the first sentence shall apply accordingly.(2) If the law is subject to administrative detention 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. Non-official table of contents

Type 7 Payment Facilitation for Order Money

(1) If the person concerned is not in accordance with his economic circumstances, In order to be able to pay the order money immediately, a payment period shall be authorised or allowed to pay the order fee in certain partial amounts. In this case, it can be arranged that the advantage to pay for the order money in certain partial amounts is eliminated if the person concerned does not pay a partial amount in time.(2) Following the determination of the order of order, the authority responsible for the payment of payment facilities referred to in paragraph 1 shall decide the body responsible for the enforcement of the order of order. It may subsequently amend or repeal a decision on the facilitation of payment. In doing so, it may not depart from a previous decision to the detriment of the person concerned only on the basis of new facts or evidence.(3) It shall be noted in the files that the benefit referred to in the second sentence of paragraph 1 shall be paid in order to pay the monetary order in certain partial amounts. 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 fixed the order is to decide if it is the responsibility of another body to execute the order. Non-official table of contents

Type 8 Overnight decisions on administrative detention

(1) The order money cannot be recovered and is the In order to determine the administrative detention provided for in this case, the court subsequently converts the order for the order of order into a proper order. The Court of First Instance shall, after consulting the parties, decide by decision.(2) The court orders that the enforcement of the order of order, which has been fixed in place of an irreconcilable order, does not exist if the execution of the order would be of an undue hardship for the person concerned. Non-official table of contents

Art 9 Statute of limitations

(1) The statute of limitations excludes the setting of order 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 period of limitation shall be provided for as long as the law does not allow the procedure for determining the order of order to be initiated or not to continue.(2) The period of limitation shall also exclude the execution of the order of order and the order 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.
under the law does not begin enforcement or does not continue
2.
Enforcement is suspended or
3.
a payment relief

Second Section
General adjustment of criminal rules

Non-official Table of Contents

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 deprivation of deprivation

Is the law custodial sentence with a special minimum amount of one month or more less, the threat of that minimum shall be dispensed with. Non-official table of contents

Type 12 fines threats

(1) Do not punish the law in addition to a custodial sentence without a special minimum amount of fine , in addition to the term of imprisonment, the optional threat of the fine will be suspended. This shall also apply where the threat of the special minimum term of imprisonment referred to in Article 11 is deleted.(2) In the case of a fine of unrestricted height or with a special maximum, or with a maximum measure of multiple, single or fraction of a certain amount, a fine, in addition to a custodial sentence, to be punishable by a custodial sentence. Fine with the statutory maximum (§ 40 (1) sentence 2, para. 2 sentence 3 of the Criminal Code), insofar as paragraph 4 does not determine anything else.(3) If a fine is prescribed or authorised in addition to a custodial sentence, this threat shall not apply.(4) If the law is punishable by a custodial sentence of up to six months, the maximum amount of a selectively threatened financial penalty shall be 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

type 13

(omitted) unofficial Table of Contents

Art 14 to 17

Article 14
Police Supervision
As far as rules allow police supervision, they do not enter into force.

Article 15
Fall
Insofar as rules outside of the General Part of the The Criminal Code prescribates or authorises the decay of an object or a corresponding compensation for a criminal offence or an illegal act.

Article 16
Withdrawal of the criminal complaint
In so far as provisions outside the General Part of the Criminal Code govern the withdrawal of the criminal order, they shall be repeal.

Article 17
Penance in favour of the injured
To the extent that rules determine in favour of the If an offense can be detected on a penance, they will be out of force.

Third to fifth section
-

Non-official table of contents

Art 18 to 287 ----

Sixth section
national right customization

Non-Official Table of Contents

Type 288 Scope

The provisions of this section apply to the criminal provisions of the country's law, insofar as they are are not subject to special amendment by a Land law. Non-official table of contents

Art 289 General customization

Regulations are no longer applicable to the extent that they threaten the legal consequences referred to in Article 3. are not allowed. Non-official table of contents

Type 290 fines threats

(1) It can also be recognized if the law is in addition to a custodial sentence if you choose not to use a fine.(2) The law shall, in addition to imprisonment with a maximum of more than six months, be punishable by an optional fine of unrestricted height or with a special maximum measure or with a maximum amount equal to or greater than or equal to a maximum of one a certain amount of money may be imposed on a financial penalty until the statutory maximum. If the maximum amount of the selectively threatened custodial sentence is only six months, it can be punishable by a fine of up to one hundred and eighty daily essays.(3) Rules shall no longer apply to the extent that they impose or permit a fine to be punishable by a custodial sentence. Non-official table of contents

Type 291 withdrawal of the criminal order, penance for the benefit of the injured

regulations are no longer applicable to the extent that they are
1.
rules the return of the criminal order or
2.
determine that a repentance can be detected in favor of the offense of an offence.
unofficial table of contents

type 292 no longer applicable criminal and fine money stocks

(1) national law criminal and penal rules, which end in the penal code the subject matter shall no longer be applied unless it remains unaffected in accordance with Article 4 (3) to (5).(2) (3)

Seventh Section
Supplementary Criminal Rules

Non-official Table of contents

Art 293 Waste of enforcement of the replacement custodial penalty and the provision of work services

(1) The State Governments are empowered to adopt, by means of a decree law, regulations to the effect that the enforcement authority shall be allows the convicted person to object to the execution of a substitute custodial sentence in accordance with Section 43 of the Criminal Code by 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 constitute an employment relationship within the meaning of labour law and no employment relationship in the sense of social security, including unemployment insurance, or the tax law. The rules on occupational safety and health are to be applied in accordance with the rules.(3) Paragraph 2 shall apply in accordance with the free work carried out on the basis of an order in the course of grace, as well as for non-profit services and work services pursuant to section 56b (2) sentence 1 no. 3 of the Penal Code, § 153a (1) sentence 1 no. 3 of the 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 a corresponding application of the aforementioned law provided for by the law Regulations. Non-official table of contents

Art 294 Tribunals

The Tribunals (Section 160 (3) sentence 2 of the Criminal Procedure Code) is part of the Business Unit of the Countryjustice administrations. The state government can determine a different authority in the field of social administration by means of a regulation. Non-official table of contents

Art 295 Supervisors for management supervision

(1) The supervisory bodies (§ 68a of the Criminal Code) are part of the Division of the Land Justice Administrations.(2) The tasks of the supervisory authority shall be carried out by officers of the higher service, by state-approved social workers or social pedagogues, or by officials of the upper-level service. The head of the supervisory authority must be qualified as a judge or be an official of the higher service. The management of the supervisory authority may also be transferred to a judge. Non-official table of contents

Art 296 Imports of newspapers and magazines

§ 86 (1) of the Penal Code is not applicable to newspapers and Periodicals, which appear outside the territorial scope of this law in a regular, regular sequence and are distributed there in general and in public. Non-official table of contents

Art 297 Prostitution prohibition

(1) The state government can protect the youth or public decency
1.
for the entire territory of a community up to fifty thousand inhabitants,
2.
for parts of the area of a community over twenty thousand inhabitants or a community-wide area,
3.
regardless of the number of inhabitants for public roads, roads, squares, installations and other places that can be viewed from there, throughout the territory or in parts of the To ban the territory of a municipality or of a local area
by means of a decree-law in order to investigate prostitution. It may also restrict the prohibition laid down in the first sentence of paragraph 3 to certain times of the day.(2) The Land Government may transfer this authorisation to a supreme state authority or other authorities by means of a legal regulation.(3) Housing restrictions on certain roads or blocks of houses for the purpose of exercising prostitution (casernizations) are prohibited.

Achter section
Final provisions

Unofficial Table of Contents

Type 298 Minimum Custodial sentence

(1) A term of imprisonment of less than one month must not be allowed for such acts. , which is before the first It was made in January 1975.(2) If the court has imposed a term of imprisonment of less than one month under the previous law, it shall recognise a fine of up to thirty daily rates. Non-official table of contents

Art 299 fine

(1) The provisions of the new law on the fine (§ § 40 to 43 of the Penal Code) apply also for those before the 1. Acts committed in January 1975, provided that paragraphs 2 and 3 do not determine otherwise.(2) The fine may not exceed the maximum amount of the previously threatened fine, according to the number and the amount of the daily rates. Only so many daily rates may be imposed that the substitute custodial sentence in accordance with Section 43 of the Penal Code is not higher than the maximum amount of the replacement custodial sentence which has been threatened in accordance with the law of the previous law.(3) In addition to imprisonment, a fine may be imposed in accordance with Section 41 of the Criminal Code only if, in accordance with the law of the previous law, a fine was also prescribed or authorised in addition to a custodial sentence. unofficial table of contents

Type 300 transgressions

(1) to the before 1. In the case of acts which have been committed under the law of January 1975 and which have been passed under new law, the new right shall apply with the restriction that the conditions of criminality and the maximum sentence of imprisonment shall be applied in accordance with the provisions of the to determine the law. Article 298, 299 shall apply.(2) The one before the 1. Acts committed in accordance with the law of January 1975 remain disregarded in the application of Section 48 (1) of the Penal Code. Nonofficial table of contents

Art 301

- unofficial Table of Contents

Art 302 Invoice of the Measure Rule Enforcement to the Penalty

Is before the 1. In January 1975, the placement in a nursing or nursing home or in a drinking institution or a descaling institution in accordance with § 456b sentence 2 of the Code of Criminal Procedure in the previous version before the term of imprisonment has been carried out, the time shall be of the enforcement of the rule of law on the penalty. Non-official table of contents

Type 303 Guide

(1) Because of an act that is before the 1. In accordance with Section 68 (1) of the Penal Code, it is not possible to arrange for the supervision of the management of the criminal law.(2) After serving a custodial sentence for an act that was before the 1. As of January 1975, the management of the Penal Code does not enter into force in accordance with Section 68f of the Criminal Code. Non-official table of contents

Type 304 Police Supervision

is before the 1. In January 1975 on the admissibility of police oversight, this statement loses its effect. 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 prohibitable

In addition to the penalty, which is due to one before the 1. The Court of First Instance orders the prohibition of the prohibition of professional conduct only if, in addition to the conditions laid down in Section 70 of the Criminal Code, the conditions relating to the prohibition of professional practice or the management of the profession are also subject to the conditions laid down in the previous law. exist. In this case, the ban on trade must not be arranged forever. Non-official table of contents

Art 306 Independent ordering of measures of measurement

The provisions of the new law on the independent order of Measures of improvement and security (§ 71 of the Criminal Code) also apply to acts that are before the 1. It was made in 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

Art 307 decay

(1) For the arrangement of the incident because of an act that is before the 1. The provisions of the new law shall apply in January 1975 and shall be decided upon after that date,
1.
about the requirements of the infringement (§ § 73, 73a of the Penal Code), insofar as the previous law imposes the default or the confiscation of the fee,
2.
about the estimation, the decision in hardship cases, the effect of the decay and its subsequent arrangement (§ § 73b to 73d, 76 of the penal code).
(2) The order of the It 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 occurs at the location of the arrangement of the decay of an object.(3) Paragraph 1 (1) (1) shall not apply in so far as the previous right is more favourable to the person concerned. Non-official table of contents

Art 308 criminal application, empowerment, criminal charges

(1) The provisions of the new law on criminal proceedings, empowerment and Criminal charges (§ § 77 to 77e, 194 of the Criminal Code) also apply to acts that are before the 1. The date on which the provisions of paragraphs 2 to 5 have been committed shall be taken in January 1975, unless otherwise specified.(2) If an application was required under the previous right to pursue the proceedings, it shall remain in the process.(3) One before 1. The application shall remain effective in January 1975, even if the right of application is granted to another.(4) Was 1. In January 1975, the right to file a criminal complaint had already been granted under the provisions of the previous law, it remains.(5) If the act is only traceable only on application by the provisions of the new law, the application deadline shall expire at the earliest on 31 December 2013. March 1975. Non-official table of contents

Art 309 Enforcement and Enforcement Limitation

(1) The rules of the new law on the tracking and enforcement The limitation period (§ § 78 to 79b of the Criminal Code, § § 31 to 34 of the Code of Administrative Offences) also applies to acts which are before the 1. The date on which the provisions of paragraphs 2 to 4 have been committed shall be taken in January 1975, unless otherwise specified.(2) For interrupts which are before the 1. The law has been adopted in January 1975.(3) Insofar as the limitation periods of the previous law are shorter than those of the new law, those of the previous law shall apply.(4) Is the limitation period of persecution or enforcement before the 1. By way of derogation from § 78c (3) sentence 2, § 79 of the Criminal Code, § 33 (3) sentence 2, § 34 of the Code of Administrative Offences, no earlier than January 1975, the prosecution or enforcement has been interrupted, not earlier than the expiry of the last sentence of the last sentence of the last sentence of the last sentence. Interruption of the period of limitation to be calculated.(5) In the calculation of the limitation period pursuant to § 1 (1) sentence 1 of the Law on the Calculation of Criminal Limitation Periods of the 13. April 1965 (Bundesgesetzbl. 315), as amended by the First Law on the Reform of the Criminal Law of 25. June 1969 (Bundesgesetzbl. 645), § 78 (4) of the Penal Code shall apply accordingly. Non-official table of contents

Art 310 Announcement Of Conviction

The provisions of the new law on the court order that a Conviction is made public, also applies to acts that are before the 1. It was made in January 1975. Non-official table of contents

Art 311 Violation of private secrets by public officials and especially pledges

(1) Insofar as the disclosure or Devaluing of a foreign secret, including an operating or business secret, by persons who are to be particularly committed to the public service under new law, under the law of the previous law, punishable by punishment or fine
1.
applies to the before the 1. The provisions of the previous law on the violation of a foreign secret continue to be carried out in January 1975 and
2.
for those under the 1. Article 203 (2), § 204 of the Criminal Code (Criminal Code),
provided that the criminal provisions of the new law are not applicable solely for the reason that the offender is before the 1. It was not particularly committed to the public service in January 1975, even though the conditions under which the obligation under new law were to be made had been fulfilled.(2) In the cases referred to in paragraph 1 (1), the provisions of the new law (§ 203 para. 2, 5, § 204 of the Criminal Code) shall apply, insofar as they are otherwise more favourable to the perpetrator. Non-official table of contents

Art 312 Judicial and criminal proceedings

(1) As far as the provisions of this law are applicable, the objective is to: Jurisdiction of the courts shall change, this shall apply to criminal cases pending before the courts only if the main proceedings have not yet been opened or the Revisionsgericht repeals the judgment and the case pursuant to Section 354 (2) of the Criminal Procedure Code References.(2) The Federal Court of Justice shall also be competent to negotiate and decide on the appeal of the revision if the revision is against a judgment of the Judge at the District Court or the Schöffengericht or against an appeal judgment of the A small or large Trial Chamber, by means of which the placement of the defendant is placed in a nursing or nursing home, and an appointment for the main trial before the Higher Regional Court has not yet been determined.(3) Is before the 1. 1 January 1975 on accommodation in a nursing or 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 the judgment, and is the Court of Appeal considers that the revision is otherwise unfounded, it shall correct the verdict to the effect that it shall be replaced by
1.
style="font-weight:normal; font-style:normal; text-decoration:none;"> Placement in a nursing home or nursing home in a psychiatric hospital,
2.
Placement in a Trinkerheilanstalt or a descaler's placement in an equalizer,
3.
the prohibition of professional practice or management of the profession ban,
4.
the admissibility of the Notice of judgment of which the order
is to be issued.(4) If the Court of Reviser considers that a prior to the first On the basis of Articles 299 and 307 of the European Parliament, the Court held that in January 1975 the judgment was not in conformity with the law, the revision may be rejected even if a substantial other decision on the amount of the fine or the decay is not to be expected.(5) The Court of Appeal may also proceed in a decision pursuant to section 349 (2) of the Code of Criminal Procedure under paragraphs 3 and 4 if it considers the revision unanimously to be unfounded. Non-official table of contents

Art 313 Not yet enforced penalties

(1) Convicted penalties for such acts, which are under new law are no longer punishable and also not punishable by fine, shall be adopted with the entry into force of the new law, in so far as they are not yet fully stretched. 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 delivered before the entry into force of the new law has been issued after that date
1.
legally enforceable because an appeal is not inserted or withdrawn, or the appeal is not allowed, or
2.
otherwise legally binding, without changing the guilty verdict.
(3) If the offender has been convicted of an act that no longer has a new right to (Section 73 (2) of the Criminal Code in the previous version), paragraphs 1 and 2 shall not be applied. 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 rule of law.(4) If a total penalty contains 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 in a reasonable way.(5) In the case of doubt concerning the legal consequences arising from paragraphs 1 and 2 and for the judicial decisions referred to in paragraphs 3 and 4, § § 458 and 462 of the Code of Criminal Procedure shall apply mutafictily. Unofficial table of contents

Art 314 Enforcement

(1) One before the 1. Accommodation in a psychiatric hospital, accommodation in a Trinkerheilanstalt or a descaling institution shall be deemed to be a place of accommodation in a psychiatric hospital, a place of residence in a psychiatric hospital, a hospital or a nursing home, or a hospital for the treatment of a psychiatric hospital. as accommodation in a descaling facility.(2) Is the accommodation in a nursing home or nursing home, in a Trinkerheilanstalt or a descaling facility or in the safekeeping of the 1. As of January 1975, management supervision is suspended. The imposition of special obligations pursuant to Section 42h (2) of the Penal Code in the previous version shall be deemed to be an instruction in accordance with Section 68b (2) of the Criminal Code.(3) One before 1. The effect of a ban on the profession or management of the profession, which is arranged in January 1975, is prohibited.(4) One before 1. The power to publish the judgment in January 1975 shall be carried out in such a way that it would be recognized if the judgment of the judgment had been issued.(5) Is before the 1. In addition to the penalty on accommodation in a nursing or nursing home, or on accommodation in a Trinkerheilanstalt or a descaling establishment, § 67 (1) to (3) of the Penal Code shall be applied in accordance with the conditions laid down in Article 67 (1) of the Criminal Code. that the execution of the sentence of imprisonment may be continued for three months after that date. Non-official table of contents

Art 315 validity of criminal law for deeds committed in the German Democratic Republic

(1) On before the effective date of accession in the German Democratic Republic, § 2 of the Penal Code shall apply with the proviso that the court shall depart from punishment if, in accordance with the law of the German Democratic Republic in force at the time of deed, the Court of First Instance deeds Neither a custodial sentence nor a conviction on probation would have been punishable by a fine.(2) The provisions of the Penal Code on the fine (§ § 40 to 43) shall also apply to the acts committed before the effective date of accession in the German Democratic Republic, unless otherwise specified below. 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 act and the revocation of suspended sentences shall be found on convictions on probation (Section 33 of the Criminal Code of the German Democratic Republic) as well as on custodial sentences Application which has been applied for acts committed before the effective date of accession in the German Democratic Republic, unless otherwise provided by the principles set out in Section 2 (3) of the Penal Code.(4) Paragraphs 1 to 3 shall not apply to the extent that the criminal law of the Federal Republic of Germany has already been subject to the date of the effective date of accession. Non-official table of contents

Art 315a Enforcement and prosecutions limitation for the German Democratic Republic, and the period of limitation Actions;
Limitation of deeds not punishable during the rule of the SED regime

(1) Insofar as the limitation of the prosecution or enforcement under the law of the German Democratic Republic to the effective date of the It did not take accession. 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 limitation period shall be deemed to have been interrupted on the date of the date of entry into force of the Act; 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 and which are punishable by a maximum term of imprisonment of more than one year to five years shall be barred at the earliest with the expiry of the 2. October 2000, the prosecution of those in this area before the end of the 2. At the earliest, at the end of October 1990, the 31-year-old was sentenced to a maximum term of imprisonment of up to one year or a fine. December 1995.(3) Crimes which fulfil the facts of the murder (§ 211 of the Criminal Code), for which the sentence is determined according to the law of the German Democratic Republic, do not become law-abider.(4) The provisions of paragraphs 2 and 3 shall not apply to deeds, the pursuit of which shall be 30. It has already been barred in September 1993.(5) In the calculation of the limitation period for the prosecution of acts committed during the rule of the SED regime, but in accordance with the express or presumed will of the State and Party leadership of the former The German Democratic Republic has not been punished for reasons incompatible with political or other fundamental principles of a liberal rule of law, the period of time of 11 remains unchanged. October 1949 to 2. October 1990, except for approach. During this period, the statute of limitations has 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 + + +) Non-official table of contents

Art 315b criminal complaint with deeds 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, according to the regulations of the Federal Republic of Germany, the act is only traceable on request, the application deadline shall end at the earliest on 31 December 2013. December 1990. Non-official table of contents

Art 315c Adjustment of penal threats

To the extent that criminal offences of the German Democratic Republic continue, occur the position of the previous penal threats the penal threats of the custodial sentence and the fine imposed in the penal code. 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. Non-official table of contents

Art 316 Transitional provision to the Ninth Criminal Law Amendment Act

(1) § 66 (2) and § 67 (1) of the Penal Code as amended by Article 1 of the Ninth Criminal Law Amendment of 4. August 1969 (BGBl. 1065) shall also apply to acts committed earlier and punishments previously imposed if the prosecution and enforcement at the date of the entry into force of the Ninth Criminal Law Amendment Act on 6 May be applicable. It was not until August 1969 that it had not been barred.(2) § 1 of the Law on the Calculation of Statute Limitation Periods of 13. April 1965 (BGBl. I p. 315) shall remain unaffected. Non-official table of contents

Art 316a Transitional provision to the Sixteenth Criminal Law Change Act

(1) § 78 (2) of the Criminal Code in the Version of Article 1 of the sixteenth criminal law amending act 16. July 1979 (BGBl. 1046) shall also apply to acts committed earlier, if the pursuit of the entry into force of the sixteenth criminal law amending act 22. July 1979 has not yet been statute-barred.(2) § 1 of the Law on the Calculation of Statute Limitation Periods of 13. April 1965 (BGBl. I p. 315) shall remain unaffected. Unofficial table of contents

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

(1) § 67 (4) and § 67d (5) of the Penal code does not apply to accommodation that is before the 1. The provisions of this Regulation shall apply in respect of the period of payment of the measure of the rule of law to the penalty.(2) Is someone before the 1. The Court of Justice of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament would have been recognized. Non-official table of contents

Art 316c Transitional provision for the thirtieth Criminal Law Change Act

§ 78b (1) of the Penal Code in the version Article 1 of the thirtieth criminal law amending act 23. June 1994 (BGBl. 1310) shall also apply to the date of entry into force of the thirtieth criminal law amending act 30. Actions committed in June 1994, unless their persecution is already statute-barred at that time. Unofficial table of contents

Art 316d Transitional provision to the forty-third Criminal Law Change Law

§ 46b of the Penal Code and § 31 of the Criminal Law The Law on the Law of Stunning, as amended by Article 2 of the Forty-three Criminal Law, 29. July 2009 (BGBl. 2288) shall not apply to procedures in which prior to 1. The opening of the main proceedings has been decided on in September 2009. Non-official table of contents

Art 316e Transitional provision to the law on the reorganization of the law of the protection and accompanying regulations

(1) The provisions on safeguards in the version of the Law on the Reorganisation of the Law of Safeguarding Custody and accompanying Regulations of the 22. December 2010 (BGBl. 2300) are to be applied only if the deed or at least one of the acts, for the purpose of which the safeguard is to be ordered or reserved, shall be applied in accordance with the provisions of the 31. December 2010. In all other cases, the previous law shall be applicable to the extent that paragraphs 2 and 3 and Article 316f (2) and (3) do not specify otherwise.(2) If the deeds are to be ordered in accordance with Section 66 of the Penal Code, before the 1st of the Criminal Code, the actions of the perpetuating act are to be taken into account. As of 1 January 2011, the perpetrator has not yet been legally convicted, and § 66 of the Penal Code has been in force since 1 January 2011. It will apply in force in January 2011, if it is the milder law in relation to the previous law.(3) One under Section 66 of the Criminal Code before the 1. In January 2011, the court annuls the court of law if the order is based exclusively on deeds, which are in accordance with § 66 of the Criminal Code in the since the 1. The text will no longer be the basis for such an arrangement. The Court of First Instance may, as far as this is necessary for the conduct of preparations for dismissal, be the date of the completion of the first. 1 July 2011. 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 accordingly; 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 decision. Passes. With the dismissal from the execution, management supervision shall enter into force.(4) § 1 of the Therapy Accommodation 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, and on the basis of a before the 4. It was established in May 2011 that the retention of the collateral was not legally binding, because a prohibition to take into account retroactive aggravation in the law of the The protection of the security against the person concerned without having arrived at the level of the hazard of the person concerned for the general public. Non-official table of contents

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

(1) The previous provisions relating to the safekeeping of safekeeping are in effect from 1 January 2008 onwards. The European Parliament and the Council of the European Union shall apply as amended in June 2013, if the act or at least one of the acts, for the purpose of which the safeguard is to be ordered or reserved (Anlasstat), in accordance with the provisions of the 31. The European Parliament and the Council of the European Union(2) In all other cases, the provisions of paragraph 3 shall not be determined by any other Member State until 31 December 2008. The Commission shall apply in accordance with the provisions of the provisions of sentences 2 to 4 to be applied in May 2013. The arrangement or continuation of the safekeeping protection under 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/her behaviour is to be derived from a high degree of danger, that he will commit the most serious acts of violence or sexual offences as a result of this disorder. 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; the dismissal from the enforcement of the accommodation shall enter into the supervision of the management.(3) The provisions of Articles 1, 2 (1) (c) (c) (cc) and (4) and Articles 3 to 6 of the Act concerning the implementation of the distance offer in the federal law of the Federal Republic of Germany in the law of the protection of hedging of the 5. December 2012 (BGBl. 2425), it is also necessary to apply the cases referred to in the first sentence of paragraph 2, Section 67c (1), first sentence, point 2 of the Penal Code only if, after 31 December, the first sentence of paragraph 1 of the second sentence of the Code of Criminal Law has been amended. No adequate care has been offered within the meaning of Section 66c of the Penal Code. The time limit laid down in § 119a (3) of the Penal Code for the first decision of its own motion shall begin on the first day of the first decision. June 2013, if the term of imprisonment has already been carried out at that time. Non-official table of contents

Art 317 transfer of the procedure for administrative offences under new law

(1) The one which is due to come into force on the entry into force of the new law Proceedings pending for an offence which, under new law, are only threatened with fine shall be continued in the situation in which they are situated in accordance with the provisions of the Law on Administrative Offences, unless otherwise specified is determined. 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 Law on Administrative Offences is not applicable in this case.(2) § § 79, 80 of the Code of Administrative Offences do not apply if the judgment has been passed before the entry into force of the new law because of an infringement which, under new law, is only threatened with fine; in such cases, § § 313 and 334 of the Code of Criminal Procedure 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 Article 354 (2) of the Code of Criminal Procedure, refer the matter back to the Court of First Instance whose judgment is annulled. Non-official table of contents

Type 318 infringements in accordance with social security laws

(1) To the before 1 In January 1975, in accordance with the laws in the field of social security, which were punishable under the law of the previous law, and which, under a new law, are in breach of the law, the new law is limited to the restriction of the law of law. the maximum amount of the fine shall be determined on the basis of the maximum penalty to date.(2) However, it shall be before the 1. In the case of one of the infringements referred to in paragraph 1, an order for a criminal order has been issued in January 1975, the other procedure shall be subject to the law to date. Non-official table of contents

Art 319 Application of current cost law

In criminal and penal matters, fees are subject to the previous law if the decision taken over the costs is taken before the 1. It has become final in January 1975. unofficial table of contents

type 320

(omitted) Non-official table of contents

Art 321 (omitted)

unofficial table of contents

Art 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. Nonofficial table of contents

Art 323

- unofficial Table of contents

Art 324 Special Rules for Berlin

(1) Article 18 II No. 3, insofar as this number relates to § 5 No. 5, Article 19 (5) (b), No. 6 to 9, 12, 34 to 41, 207, to the extent that this number is based on § § 84 to 87, 89 and 109 to 109k, Article 21 (24) (b), Article 26 (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) No 7 to 9 shall not apply 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) § § 113 and 114 of the Criminal Code as amended by Article 19 (43) and (44) shall also apply in the Land of Berlin.(3) (4) The criminal provisions in force in favour of the Federal Government and the Länder, their constitutional order, their state institutions and their members shall also apply with regard to the Land of Berlin.(5) In accordance with Section 74a (1) of the Law on the Law of the Law, the following special features apply in the Land of Berlin:
1.
Number 2 is to be applied in the following version:
" 2.
Threat to the Democratic The rule of law in the cases of § § 85, 86, 87 to 90, 90a para. 3 and § 90b of the Criminal Code
2.
number 3 is not applicable.
Table of Contents

Art 325

(omitted) Non-official Table of Contents

Type 326 Entry into force, Transitional versions

(1) This Act is 1. 1 January 1975 in force, unless otherwise specified.(2) § 78a (2), (3) of the Law of the Constitutional Court, as amended by Article 22 (6) and in Article 29 (26) (a), Article 61 (1), Article 161 (2) (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), including the provisions of Article 315 (3), Article 323, Article 324 (4) and Article 325 (2) shall enter into force on the day after the announcement.(3) Article 19 (148), (159), (194) and (206), insofar as it is repealed in Section 361 (3) to (5), (7) and (8) of the Criminal Code, and Article 313 shall enter into force one month after the date of the announcement.(4) to (6) unofficial table of contents

Annex EV extract from EinigVtr Annex I, Chapter III, section III, Section III,
(BGBl. II 1990, 889, 957)
-measures for the territory that has been enclosed (Art. 3 Pur.Vtr)-

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