Advanced Search

Law on the protection of troops of the North Atlantic Treaty by the law of criminal law and order

Original Language Title: Gesetz über den Schutz der Truppen des Nordatlantikpaktes durch das Straf- und Ordnungswidrigkeitenrecht

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the Protection of the North Atlantic Treaty Forces by the Criminal Law and Order of Unlawful Act (NATO-troops-Protection Act-NTSG)

Unofficial table of contents

NTSG

Date of completion: 11.06.1957

Full quote:

" NATO troops protection law in the version of the notice dated 27 March 2008 (BGBl. 490), as last amended by Article 48 of the Law of 23 November 2007 (BGBl). 2614) has been amended "

Status: New by Bek. v. 27.3.2008 I 490;
Last amended by Art. 48 G v. 23.11.2007 I 2614

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +)
Heading: designation idF d. Art. 48 No. 1 G v. 23.11.2007 I 2614 mWv 30.11.2007;
Short description Abbreviated to abbreviation. by Art. 48 No. 1 G v. 23.11.2007 I 2614 mWv 30.11.2007 Unofficial table of contents

§ 1 Application of criminal provisions for the protection of the States Parties to the North Atlantic Treaty

(1) § § 93 to 97 and 98 to 100 in conjunction with § § 101 and 101a of the Criminal Code shall apply to the protection of non-German States Parties to the North Atlantic Compact and its troops stationed in the Federal Republic of Germany. Subject:
1.
The State secrets within the meaning of § 93 of the Criminal Code correspond to military secrets of the Contracting States. Military secrets within the meaning of this provision shall be facts, objects or findings concerning the defence of a service of a Contracting State within the territorial scope of this Act, with regard to: on whose security or the security of its troops stationed in the Federal Republic of Germany are kept secret. The exception to this is the subject matter of which the Federal Republic of Germany is responsible for secrecy, as well as news about it.
2.
In the cases of Section 94 (1) (2) of the Penal Code, the intention to disadvantage the Federal Republic of Germany is to act on the intention of the Contracting State concerned or its troops stationed in the Federal Republic of Germany. at a disadvantage.
3.
In the cases of § § 94 to 97 of the Penal Code, the risk of a serious disadvantage for the external security of the Federal Republic of Germany shall be replaced by the risk of a serious disadvantage for the security of the Contracting State concerned. or his troops stationed in the Federal Republic of Germany.
4.
In the cases of § 99 of the Penal Code, the secret service activity exercised against the Federal Republic of Germany shall be replaced by one against the Contracting State concerned or its troops stationed in the Federal Republic of Germany. the intelligence activity carried out.
5.
In the cases of § 100 of the Penal Code, the Federal Republic of Germany is replaced by the Contracting State concerned.
6.
In the cases of § § 94 to 97 of the Criminal Code, the prosecution is only admissible if the top military service of the troops stationed in the Federal Republic of Germany of the affected Contracting State or the head of its diplomatic representation declares that the protection of the secret for the security of the Contracting State or of its troops stationed in the Federal Republic of Germany was necessary at the time of action.
7.
The Federal Government's authorization pursuant to Section 97 (3) of the Penal Code shall be replaced by the duty of the supreme military service of the troops of the Contracting State or of the Contracting State stationed in the Federal Republic of Germany. Head of her diplomatic mission.
(2) In order to protect the troops stationed in the Federal Republic of Germany of the non-German States Parties to the North Atlantic Treaty, which are currently in the territorial scope of this Act, the following provisions shall apply: Penal code to be applied with the specific features specified in paragraphs 1 to 10:
1.
§ 87 in conjunction with § § 92a, 92b to deeds, by which the perpetrator knowingly advocates for aspirations which are directed against the security of the affected Contracting State or the security of these troops;
2.
§ 89 in conjunction with § § 92a, 92b to deeds committed by the perpetrator with the intention of undermining the willingness of soldiers, civil servants or servants of these troops to serve the defence, and by which he purposefully works for efforts directed against the security of the Contracting State concerned or the security of such troops;
3.
§ 90a (1) (2) and (2), in conjunction with § § 92a, 92b, on deeds against the national symbols of these troops;
4.
§ § 109d to 109g in conjunction with § § 109i, 109k to act against these troops, their soldiers, consents, installations, installations or military operations, provided that the Federal Republic of Germany is replaced by the affected the State Party, the Bundeswehr (Bundeswehr), these troops and the Defence of the States Parties to the Office of the Defense;
5.
§ § 113, 114 (2), § § 125 and 125a on the offences against soldiers or officers of these troops;
6.
§ 120 to deeds against the custody of prisoners of these troops or to persons who are placed on their orders in an institution;
7.
§ § 123 and 124 to deeds against the house peace of rooms intended for the public service or transport of these troops;
8.
§ 132 on the presumption of the service of soldiers or officials of these troops;
9.
Section 194 (3) on insults against a service, a soldier or an official of these troops;
9a.
Section 305a on the offences of the destruction of motor vehicles of these troops;
10.
Section 333 (1), (3), Section 334 (1), (3), Section 335 (1) (1) (b), (2) (1) and (3), (336) on the granting of benefits and the bribery of soldiers, officials of these troops or such staff of the troops, who are responsible for the general or have been formally committed to the conscientious fulfilment of their obligations by a special order issued by a higher service of the troops.
(3) In order to protect the troops stationed in the Federal Republic of Germany of the non-German States Parties to the North Atlantic Treaty, which are currently in the territorial scope of this Act, § § 16, 19 of the German Federal Republic of Germany Defense Criminal Law and, in conjunction with these provisions, § 111 of the Criminal Code to apply to acts against these troops with the following particularities:
1.
In § § 16, 19 of the German Military Code, the Federal Republic of Germany is replaced by the affected Contracting State and the Bundeswehr and its soldiers are replaced by these troops and their soldiers;
2.
It is only possible to punishable a soldier of these troops for an intentional unlawful act in accordance with § 16 or § 19 of the German Wehrstrafgesetz or to assist him or to assist him or her in accordance with § 111 of the Criminal Code. of that kind of action.
(4) Paragraphs 1 to 3 shall apply only to criminal offences committed within the territorial scope of this Act. Unofficial table of contents

§ 2 Application of fines regulations for the protection of the States parties to the North Atlantic Treaty

In order to protect the troops of the non-German Contracting States of the North Atlantic Treaty, which are stationed in the Federal Republic of Germany and are currently in the territorial scope of this Act, the following provisions of the Law are to apply the offences set out in points 1 to 3 in order to comply with the rules of law:
1.
§ 111 to act against a competent soldier or officials of these troops;
2.
§ 113 to public gatherings directed against soldiers, civil servants or servants of those troops who have been assigned to assist them;
3.
§ 114 to enter military facilities and facilities of a Contracting State and of locations which are blocked for security reasons to fulfil the service duties of these troops.
Unofficial table of contents

§ 3 Application of provisions of the Law of the Court of Justice in the case of criminal offences against the States Parties to the North Atlantic Treaty

The offences referred to in § 1 shall apply to the application of the provisions of the Law of the Judicial Constitution on jurisdiction and the transfer, delivery or transfer of the investigation, negotiation and decision in criminal matters. shall be the same as those relating to the provisions of the Penal Code. Unofficial table of contents

§ 4 Application of provisions of the Code of Criminal Procedure in the case of criminal offences against the States Parties to the North Atlantic Treaty

(1) If criminal proceedings are subject to criminal offences in accordance with § 1 of this law in connection with § § 94 to 100, 109f or 109g of the Criminal Code, § 153d of the Code of Criminal Procedure shall apply accordingly, with the proviso that the disregard of the criminal proceedings shall be subject to the the prosecution or the cessation of the procedure is admissible,
1.
if, in fact, the offender has contributed to averting a threat to the security of the Federal Republic of Germany or the Contracting State concerned, or if he has made such a contribution, after the fact that the offender has become aware of the discovery of that person. has done, after the fact, that he has revealed his cohesive knowledge of traitorous aspirations, or
2.
in so far as the implementation of the procedure beyond the risk in fact itself would affect the security of the Federal Republic of Germany or of the Contracting State concerned.
(2) If criminal proceedings are subject to criminal offences in accordance with § 1 of this Act in conjunction with Sections 87, 89, 90a, 94 to 100, 109d or 109f of the Criminal Code, § § 153c and 153d of the Code of Criminal Procedure shall apply accordingly, with the proviso that: in place of the risk of a serious disadvantage for the Federal Republic of Germany, the risk of a serious disadvantage for the Contracting State concerned or its troops stationed in the Federal Republic of Germany, and the predominant public interests are also those of the Contracting State concerned. (3) Before the If the public action is raised, the proceedings are terminated or the action is withdrawn, the supreme military service of the troops of the Contracting State concerned stationed in the Federal Republic of Germany or the give the head of their diplomatic representation an opportunity to comment.