Paragraf [1. Juli ]. § (1)  Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz. Lesen Sie § 78 StGB kostenlos in der Gesetzessammlung von north54restaurant.com mit über Gesetzen und Vorschriften. Wer einen anderen dazu verleitet, sich selbst zu töten, oder ihm dazu Hilfe leistet, ist mit Freiheitsstrafe von sechs Monaten bis zu fünf Jahren zu bestrafen.
Verjährungsfristen im StrafrechtGVG § III 1; StGB §§ 14 I, 55 I, 78 III Nr. 4, 78c III 2, a I, II Nr. 2. Bei Taten gemäß § a I und II Nr. 2 StGB beginnt die Verjährung. Strafgesetzbuch, StGB, §78 StGB Verjährungsfrist, §78a StGB Beginn, §78b StGB Ruhen, §78c wird zitiert von: 12 Artikeln | 1 Paragraphen | Urteilen. Wer einen anderen dazu verleitet, sich selbst zu töten, oder ihm dazu Hilfe leistet, ist mit Freiheitsstrafe von sechs Monaten bis zu fünf Jahren zu bestrafen.
Paragraph 78 Stgb Word Dokumente zum Paragraphen VideoСлава - В небо
Insult shall be punished with imprisonment for not more than one year or a fine and, if the insult is committed by means of violence, with imprisonment for not more than two years or a fine.
Whoever asserts or disseminates a fact in relation to another, which is capable of maligning him or disparaging him in the public opinion, shall, if this fact is not demonstrably true, be punished with imprisonment for not more than one year or a fine and, if the act was committed publicly or through the dissemination of writings Section 11 subsection 3 , with imprisonment for not more than two years or a fine.
Whoever, against his better judgment, asserts or disseminates an untrue fact in relation to another, which maligns him or disparages him in the public opinion or is capable of endangering his credit, shall be punished with imprisonment for not more than two years or a fine, and, if the act was committed publicly, in a meeting or through dissemination of writings Section 11 subsection 3 , with imprisonment for not more than five years or a fine.
Whoever disparages the memory of a deceased person shall be punished with imprisonment for not more than two years or a fine.
If the asserted or disseminated fact is a crime, then the proof of the truth thereof shall be considered to have been provided, if a final judgment of conviction for the act has been entered against the person insulted.
The proof of the truth is, on the other hand, excluded, if the insulted person had been acquitted in a final judgment before the assertion or dissemination.
The proof of the truth of the asserted or disseminated fact shall not exclude punishment under Section , if the existence of an insult results from the form of the assertion or dissemination or the circumstances under which it occurred.
Critical judgments about scientific, artistic or commercial achievements, similar utterances which are made in order to exercise or protect rights or to safeguard legitimate interests, as well as remonstrances and reprimands of superiors to their subordinates, official reports or judgments by a civil servant and similar cases are only punishable to the extent that the existence of an insult results from the form of the utterance of the circumstances under which it occurred.
If the act was committed through dissemination of writings Section 11 subsection 3 or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the aggrieved party was persecuted as a member of a group under the National Socialist or another rule by force and decree, this group is a part of the population and the insult is connected with this persecution.
The act may not, however, be prosecuted ex officio if the aggrieved party objects. The objection may not be withdrawn.
If the aggrieved party dies, then the right to file a complaint and the right to object pass to the relatives indicated in Section 77 subsection 2.
If the act was committed through dissemination of writings Section 11 subsection 3 or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the deceased person lost his life as a victim of the National Socialist or another rule by force and decree and the disparagement is connected therewith.
The act may not, however, be prosecuted ex officio if a person entitled to file a complaint objects. If the act is directed against a public authority or other agency, which performs duties of public administration, then it may be prosecuted upon complaint of the head of the public authority or the head of the public supervisory authority.
The same applies to public officials and public authorities of churches and other religious societies under public law. If an insult is immediately reciprocated, then the judge may declare both insulters or one of them to be exempt from punishment.
If the insult was committed through publication in a newspaper or magazine, then the publication shall also be included in a newspaper or magazine and, if possible, indeed, in the same one which contained the insult; this shall apply accordingly if the insult was committed through publication by radio.
The act under sentence 1, number 2, shall only be punishable if the public communication is capable of interfering with the legitimate interests of another.
It is not unlawful if the public communication was made for the purpose of safeguarding preeminent public interests.
Particular statements about personal or material relationships of another which have been collected for public administration purposes, shall be deemed to be the equivalent of a secret within the meaning of sentence 1; sentence 1 shall not, however, be applicable to the extent that such particular statements have been made known to other public authorities or other agencies for public administration purposes and the law does not prohibit it.
Equivalent of the persons named in subsection 1 and sentence 1 shall be their professionally active assistants and those persons who work with them in preparation for exercise of the profession.
After the death of the person obligated to safeguard the secret, whoever acquired the secret from the deceased or from his estate shall, furthermore, be the equivalent of the persons named in subsection 1 and in sentences 1 and 2.
If the secret does not relate to the realm of personal privacy of the aggrieved party, then the right to file a complaint for crimes under Sections and passes to the heirs.
If the perpetrator discloses or exploits the secret after the death of the person affected in cases under Sections and , then sentences 1 and 2 shall apply by analogy.
The content of telecommunications and their immediate circumstances, especially the fact, whether someone has participated in, or is participating in a telecommunications event, are subject to telecommunications confidentiality.
Telecommunications confidentiality also extends to the immediate circumstances of unsuccessful attempt to make a connection.
If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.
Acts, the effects of which occur before the conclusion of the nesting of the fertilized egg in the uterus, shall not qualify as termination of pregnancy within the meaning of this law.
The court may dispense with punishment under Section if the pregnant woman was in exceptional distress at the time of the operation.
Whoever as a physician makes an incorrect determination, against his better judgment, as to the prerequisites of Section a subsections 2 or 3 , for presentation under sentence 1, shall be punished with imprisonment for not more than two years or a fine if the act is not punishable under Section The competent agency may provisionally prohibit a physician from making determinations under Section a subsections 2 and 3 , if proceedings in the trial court have been instituted against him due to suspicion that he committed unlawful acts indicated in sentence 1.
It should be guided by efforts to encourage the woman to continue the pregnancy and to open her to the prospects of a life with the child; it should help her to make a responsible and conscientious decision.
The woman must thereby be aware, that the unborn child has its own right to life with respect to her at every stage of the pregnancy and that a termination of pregnancy can therefore only be considered under the legal order in exceptional situations, when carrying the child to term would give rise to a burden for the woman which is so serious and extraordinary that it exceeds the reasonable limits of sacrifice.
The counseling should, through advice and assistance, contribute to overcoming the conflict situation which exists in connection with the pregnancy and remedying an emergency situation.
Further details shall be regulated by the Act on Pregnancies in Conflict Situations. After the conclusion of the counseling on the subject, the counseling agency must issue the pregnant woman a certificate including the date of the last counseling session and the name of the pregnant woman in accordance with the Act on Pregnancies in Conflict Situations.
The physician who performs the termination of pregnancy is excluded from being a counselor. Whoever through negligence causes the death of a human being, shall be punished with imprisonment for not more than five years or a fine.
Whoever commits bodily injury with the consent of the injured person only acts unlawfully if the act is, despite the consent, contrary to good morals.
Whoever negligently causes bodily injury to another person shall be punished with imprisonment for not more than three years or a fine.
If the injured person dies, then the right to file a complaint passes, in cases of intentional bodily injury, to the relatives pursuant to Section 77 subsection 2.
The same shall apbply to public officials of churches and other religious societies under public law. Whoever, in cases under sentence 1, takes the child in indefinitely and gives compensation therefor, shall be similarly punished.
If the perpetrator in cases under sentence 1 causes the procured person to be brought into Germany or abroad, then the punishment shall be imprisonment for not more than five years or a fine.
If this result occurs due in no part to the contribution of the perpetrator, then his earnest efforts to attain this result shall suffice.
In cases under Sections a and b the court may order supervision of conduct Section 68 subsection 1. An especially serious cases exists as a rule, if the perpetrator:.
In cases under Sections to a the court may order supervision of conduct Section 68 subsection 1. If a relative, the legal guardian or a person who takes care of the perpetrator aggrieved by the theft or if the injured person lives with the perpetrator in the same household, then the act shall only be prosecuted upon complaint.
The theft and misappropriation of property of slight value shall be prosecuted only upon complaint in cases under Sections and , unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.
The act shall only be prosecuted upon complaint. If by the robbery Sections and , the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.
Whoever, when caught in the act during a theft, uses force against a person or threats of imminent danger to life and limb, in order to retain possession of the stolen property, shall be punished the same as a robber.
An especially serious case exists as a rule if the perpetrator acts professionally or as a member of a gang which has combined for the continued commission of extortion.
If the extortion is committed by using force against a person or threats of imminent danger to life or limb, then the perpetrator shall be punished the same as a robber.
This shall not apply to one who incites a non-participant in the antecedent act to be an accessory after the fact. Section shall apply by analogy.
Section 73d shall also be applicable in cases under subsection 1 , number 1. Unlawful acts within the meaning of sentence 1 shall be:.
In cases under sentence 1, number 3, sentence 1 shall also apply to an object in relation to which fiscal charges have been evaded.
An especially serious case exists, as a rule, if the perpetrator acts professionally or as a member of a gang, which has combined for the continued commission of money laundering.
Sections 43a,73d shall be applicable if the perpetrator acts as a member of a gang which has combined for the continued commission of money laundering.
Section 73d shall also be applicable if the perpetrator acts professionally. Whoever is punishable because of participation in the antecedent act shall also not be punished under subsections 1 to 5.
In cases under Sections to the court may order supervision of conduct Section 68 subsection 1. If the subsidy is not granted due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the granting of the subsidy.
Objects to which the act relates may be confiscated; Section 74a shall be applicable. A public enterprise shall also be deemed to be a business or enterprise within the meaning of sentence 1, number 1.
If the benefit is not produced due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the production of the benefit.
If the benefit is not provided due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the provision of the benefit.
Sentence 1 shall not apply to the parts of the wage or salary which are withheld as income tax on wages and salaries. If the prerequisites of sentence 1 exist and the contributions are subsequently paid within the appropriate period determined by the collecting agency, the perpetrator shall to that extent not be punished.
In cases under subsection 3 , sentences 1 and 2 shall apply correspondingly. An especially serious cases exists, as a rule, if the perpetrator:.
Falsely influencing data processing in legal relations shall be the equivalent of deception in legal relations. Sections and shall also apply for residence status documents, in particular residence permits and documents certifying a temporary stay of deportation, as well as vehicle documents, in particular vehicle registration and vehicle ownership certificates.
Whoever, using the designation of physician or another qualified person in the field of medicine to which he is not entitled or illegitimately using the name of such persons, issues a certificate relating to his own state of health or that of another, or falsifies a genuine certificate of the same type, and makes use of it in order to deceive public authorities or insurance companies, shall be punished with imprisonment for not more than one year or a fine.
Physicians and other qualified persons in the field of medicine who, against their better judgment, issue an incorrect certificate relating to the state of health of a human being for use by a public authority or insurance company, shall be punished with imprisonment for not more than two years or a fine.
Whoever, in order to deceive a public authority or an insurance company about his own state of health or that of another, makes use of a certificate of the type indicated in Sections and , shall be punished with imprisonment for not more than one year or a fine.
In cases under Section , also in conjunction with Sectiona, the means of falsification indicated therein shall be confiscated. In especially serious cases under Section subsections 1 to 3 , bankruptcy shall be punished with imprisonment from six months to ten years.
Whoever participates in a public game of chance Section shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.
Section 73d shall also be applicable in cases under Section subsection 3 , no. In other cases the objects may be confiscated; Section 74a shall be applicable.
Public pawnbrokers, who make unauthorized use of the objects which they have taken as a pledge, shall be punished with imprisonment for not more than one year or a fine.
If more than one person contribute as providers of benefits, procurers or in other ways, and if the result is thereby a striking disproportion between all of the material benefits and all the quid pro quo, then sentence 1 shall apply to everyone who exploits the predicament or other weakness of the other for himself or a third person in order to attain excessive material benefits.
An especially serious case exists, as a rule, if the act is committed:. In cases under Sections subsection 1 , and the act shall only be prosecuted upon complaint of the aggrieved party if it was committed by a relative or at a place where the perpetrator was permitted to engage in hunting or fishing to a limited extent.
Hunting and fishing equipment, dogs and other animals that the perpetrator or inciter or accessory had with them or used during the act, may be confiscated.
The registered user and the driver of the motor vehicle or the aircraft shall take the place of the owner and the captain of the ship.
If the offer is not accepted or the service of the organizer not provided due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the acceptance of the offer or the providing of the service.
In especially serious cases an act under Section shall be punished with imprisonment from three months to five years. In cases under Sections to b the act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.
If the perpetrator, as a result of an arson under Sections tob, at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.
To the extent that rail transport participates in road traffic, only the provisions for protection of road traffic Sections b and c shall be applicable.
An especially serious cases exists, as a rule, if by the act the perpetrator interferes with the provision of vital goods for the population, in particular, with water, light, heat or power.
An aircraft which has already been boarded by members of the crew or air passengers or the loading of the cargo of which has already begun or which has not yet been deboarded regularly by members of the crew or air passengers or the unloading of the cargo of which has not been completed, shall be the equivalent of an aircraft in flight.
Section b subsections 1 , 3, or 4 subsection 3 in conjunction with subsection 3 , no. Section subsections 1 to 3 , voluntarily averts the danger before substantial damage results.
In cases under Sections to c, subsections 1 to 3 , subsections 1 to 3 , subsections 1 to 4 , subsection 1 , and c subsection 1 , no. Whoever knowingly, without the permission of the director of the institution or his agent, procures for, or gives alcoholic beverages or other intoxicants to another, who has been placed in an institution for withdrawal treatment on the basis of an order of a public authority or without his consent, or inveigles him to consume such substances, shall be punished with imprisonment for not more than one year or a fine.
Whoever does not render assistance during accidents or common danger or need, although it is required and can be expected of him under the circumstances and, especially, is possible without substantial danger to himself and without violation of other important duties, shall be punished with imprisonment for not more than one year or a fine.
Whoever operates facilities in such an area contrary to an enforceable order, which was issued on the basis of an ordinance indicated in sentence 1, shall be similarly punished.
Sentences 1 and 2 shall not apply to motor vehicles, rail vehicles, aircraft or watercraft. The facility of a public enterprise is also an in-plant facility within the meaning of sentence 1.
Under the same prerequisites the perpetrator shall not be punished under Sections a subsection 3 , no. If a crime under Sections , subsections 1 or 2 , , subsections 1 , 2 or 3 , the latter also in conjunction with subsection 4 , then:.
In less serious cases the punishment shall be imprisonment for not more than three years or a fine. In less serious cases the punishment shall be imprisonment from six months to five years.
In less serious cases the punishment shall be imprisonment for not more than two years or a fine. The failure to act shall be equivalent to the performance of an official act or a judicial act within the meaning of Sections to The compensation of an arbitrator shall only be a benefit within the meaning of Sections to , if the arbitrator demands it, allows it to be promised him or accepts it from a party behind the back of the other or if a party offers, promises or grants it to him behind the back of the other.
A judge, another public official or an arbitrator, who in conducting or deciding a legal matter makes himself guilty of a perversion of the course of justice for the benefit, or to the detriment, of a party, shall be punished with imprisonment from one year to five years.
In less serious cases the punishment shall be imprisonment for not more than five years or a fine. Sentence 1 shall apply by analogy to a public official who is charged with participation in a proceeding to order custody of a public authority.
Sentence 1 shall apply by analogy to a public official charged with participation in:. Whoever, as a public official charged with participation in the execution of:.
If by the act the perpetrator has negligently endangered import public interests, then he shall be punished with imprisonment for not more than one year or a fine.
In the case of acts by officially consulted experts, the head of the public authority whose proceeding has been affected shall be entitled to file a complaint collateral to the aggrieved party.
Collateral to imprisonment for at least six months for a crime under Sections , , , , , , subsections 1 and 3 , , to b subsection 1 , and , the court may deprive the person of the capacity to hold public office Section 45 subsection 2.
Section 67 4 1 is compatible with the Basic Law within the scope of application of ection Section 67 4 2 is incompatible with Art. The above translation was published by the Federal Ministry of Justice.
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German Law Archive. Search Search. Section 2 Temporal Applicability 1 The punishment and its collateral consequences are determined by the law which is in force at the time of the act.
Section 3 Applicability to Domestic Acts German criminal law shall apply to acts, which were committed domestically. Section 4 Applicability to Acts on German Ships and Aircraft German criminal law shall apply, regardless of the law of the place where the act was committed, to acts which are committed on a ship or in an aircraft, which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany.
Section 5 Acts Abroad Against Domestic Legal Interests German criminal law shall apply, regardless of the law of the place the act was committed, to the following acts committed abroad: 1.
Section 6 Acts Abroad Against Internationally Protected Legal Interests German criminal law shall further apply, regardless of the law of the place of their commission, to the following acts committed abroad: 1.
Section 7 Applicability to Acts Abroad in Other Cases 1 German criminal law shall apply to acts, which were committed abroad against a German, if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement.
Section 8 Time of the Act An act is committed at the time the perpetrator or the inciter or accessory acted, or in case of n omission, should have acted.
Section 9 Place of the Act 1 An act is committed at every place the perpetrator acted or, in case of an omission, should have acted, or at which the result, which is an element of the offense, occurs or should occur according to the understanding of the perpetrator.
Section 10 Special Provisions for Juveniles and Young Adults This law shall apply to the acts of juveniles and young adults only to the extent that the Jvenile Court Law does not provide otherwise.
Section 12 Serious Criminal Offenses and Less Serious Criminal Offenses 1 Serious criminal offenses are unlawful acts that are punishable by a minimum of imprisonment for one year or more.
Chapter Two The Act Title One Bases of Punishability Section 13 Commission by Omission 1 Whoever fails to avert a result, which is an element of a penal norm, shall only be punishable under this law, if he is legally responsible for the fact that the result does not occur, and if the omission is equivalent to the realization of the statutory elements of the crime through action.
Section 14 Acting for Another 1 If someone acts: 1. Section 15 Intentional and Negligent Conduct Only intentional conduct is punishable, unless the law expressly provides punishment for negligent conduct.
Section 16 Mistake about Circumstances of the Act 1 Whoever upon commission of the act is unaware of a circumstance which is a statutory element of the offense does not act intentionally.
Section 17 Mistake of Law If upon commission of the act the perpetrator lacks the appreciation that he is doing something wrong, he acts without guilt if he was unable to avoid this mistake.
Section 18 More Serious Punishment Due to Particular Results of the Act If the law links a more serious punishment to a particular result of the act, it affects the perpetrator or the inciter or accessory only if he can at least be charged with negligence in relation to the result.
Section 20 Lack of Capacity to be Adjudged Guilty due to Emotional Disorders Whoever upon commission of the act is incapable of appreciating the wrongfulness of the act or acting in accordance with such appreciation due to a pathological emotional disorder, profound consciousness disorder, mental defect or any other serious emotional abnormality, acts without guilt.
Section 21 Diminished Capacity to be Adjudged Guilty If the capacity of the perpetrator to appreciate the wrongfulness of the act or to act in accordance with such appreciation is substantially diminished upon commission of the act due to one of the reasons indicated in Section 20, then the punishment may be mitigated pursuant to Section 49 subsection 1.
Title Two Attempt Section 22 Definition of Terms Whoever, in accordance with his understanding of the act, takes an immediate step towards the realization of the elements of the offense, attempts to commit a crime.
Section 23 Punishability for an Attempt 1 An attempt to commit a serious criminal offense is always punishable, while an attempt to commit a less serious criminal offense is only punishable if expressly provided by law.
Section 24 Abandonment 1 Whoever voluntarily renounces further execution of the act or prevents its completion shall not be punished for an attempt.
Title Three Perpetration And Incitement Or Accessoryship Section 25 Perpetration 1 Whoever commits the crime himself or through another shall be punished as a perpetrator.
Section 26 Incitement Whoever intentionally induces another to intentionally commit an unlawful act, shall, as an inciter, be punished the same as a perpetrator.
Section 29 Independent Punishability of the Participant Every participant shall be punished according to his own guilt irrespective of the guilt of the other.
Section 30 Attempted Participation 1 Whoever attempts to induce or incite another to commit a serious criminal offense shall be punished according to the provisions governing serious criminal offense attempt.
Section 31 Abandonment of Attempted Participation 1 Whoever voluntarily: 1. Section 33 Excessive Necessary Defense If the perpetrator exceeds the limits of necessary defense due to confusion, fear or fright, then he shall not be punished.
Section 34 Necessity as Justification Whoever, faced with an imminent danger to life, limb, freedom, honor, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the conflicting interests, in particular the affected legal interests and the degree of danger threatening them, the protected interest substantially outweighs the one interfered with.
Section 35 Necessity as Excuse 1 Whoever, faced with an imminent danger to life, limb or freedom which cannot otherwise be averted, commits an unlawful act to avert the danger from himself, a relative or person close to him, acts without guilt.
This shall not apply to the extent that the perpetrator could be expected under the circumstances to assume the risk, in particular, because he himself caused the danger or stood in a special legal relationship; however the punishment may be mitigated pursuant to Section 49 subsection 1 , if the perpetrator was not required to assume the risk with respect to a special legal relationship.
Title Five Immunity For Parliamentary Utterances And Reports Section 36 Parliamentary Utterances Members of the Bundestag Federal Parliament , the Federal Assembly or a legislative body of a Land constituent state , may at no time be subject to liability outside of the body because of their vote or an utterance which they made within the body or one of its committees.
Section 37 Parliamentary Reports Truthful reports about the public sessions of the bodies indicated in Section 36 or their committees remain exempt from any liability.
Section 39 Determination of Terms of Imprisonment Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period, in full months and years.
Section 41 Fine Collateral to Imprisonment If by the act the perpetrator enriched, or tried to enrich himself, then a fine, which otherwise would have been inapplicable or only optional, may be imposed collateral to imprisonment, if it is appropriate, taking into consideration the personal and financial circumstances of the perpetrator.
Section 42 Facilitation of Payment If the convicted person, due to his personal or financial circumstances, cannot be expected to pay the fine immediately, the court shall grant him a payment deadline or allow him to pay in specified instalments.
Section 43 Default Imprisonment Imprisonment is substituted for an uncollectible fine. Collateral Punishment Section 44 Driving Ban 1 If someone has been sentenced to imprisonment or a fine for a crime which he committed in connection with the driving of a motor vehicle or in violation of the duties of a driver of a motor vehicle, then the court may prohibit him from driving all motor vehicles, or any specific type, in road traffic for a period of from one month to three months.
Collateral Consequences Section 45 Loss of the Capacity to Hold, or be Elected to Public Office and the Right to Vote 1 Whoever is sentenced for a serious criminal offense to imprisonment for at least one year shall lose for a period of five years the capacity to hold public office and attain public electoral rights.
Section 45a Entry into Force and Calculation of the Period of Loss 1 The loss of the capacities, legal statuses and rights shall take effect when the judgment becomes final.
Section 45b Restoration of Capacities and Rights 1 The court may restore capacities lost pursuant to Section 45 subsections 1 and 2 , and rights lost pursuant to Section 45 subsection 5 , if: 1.
Title Two Determination of Punishment Section 46 Principles for Determining Punishment 1 The guilt of the perpetrator is the foundation for determining punishment.
Section 47 Short Terms of Imprisonment only in Exceptional Cases 1 A court may impose imprisonment for less than six months only when special circumstances exist, either in the act or the personality of the perpetrator, which make the imposition of imprisonment indispensable to exert influence on the perpetrator or to defend the legal order.
Section 48 Repealed Section 49 Special Statutory Mitigating Circumstances 1 If mitigation is prescribed or permitted under this provision, then the following shall apply to such mitigation: 1.
Imprisonment for not less than three years shall take the place of imprisonment for life; 2. In cases of imprisonment for a fixed term, at most three-fourths of the maximum term provided may be imposed.
In case of a fine the same shall apply to the maximum number of daily rates; 3. An increased minimum term of imprisonment shall be reduced: in the case of a minimum term of ten or five years, to two years; in case of a minimum term of three or two years, to six months; in case of a minimum term of one year, to three months; in other cases to the statutory minimum.
Section 50 Concurrence of Mitigating Circumstances A circumstance which alone or together with other circumstances justifies the assumption that the case is less serious and is simultaneously a special statutory mitigating circumstance under Section 49, may only be considered once.
Section 51 Crediting 1 If a convicted person has undergone remand detention or other deprivation of liberty because of an act which is or was the object of the proceedings, the time served shall be credited towards any fixed term of imprisonment or fine.
Section 53 Commission of More than One Violation 1 If someone has committed more than one crime, as to which judgment will be simultaneously rendered, and incurred more than one term of imprisonment or more than one fine, an aggregate punishment shall be imposed.
Section 43 subsection 3 , shall apply accordingly. Section 54 Formation of the Aggregate Punishment 1 If one of the individual punishments is imprisonment for life, then an aggregate punishment of imprisonment for life shall be imposed.
Section 55 Subsequent Formation of the Aggregate Punishment 1 Sections 53 and 54 shall also be applicable if a convicted person, as to whom a punishment imposed pursuant to a final judgment has neither been executed, barred by the statute of limitations or remitted, is convicted of another crime which he committed before the previous conviction.
Title Four Suspended Execution of Punishment And Probation Section 56 Suspended Execution of Punishment 1 Upon a sentence of imprisonment of no more than one year the court shall suspend the execution of the punishment and grant probation if it can be expected that the sentence will serve the convicted person as a warning and he will commit no further crimes in the future even without the influence exerted by serving the sentence.
Rüstzeug eines jeden Strafjuristen. Beendet ist die Tat, wenn ihre Begehung tatsächlich zum. Abschluss gekommen ist. StGB Anwendung.
Die Bestimmungen de. Einführung in die Problematik. Überblick über die Verjährungs- und Wiederaufnahmevorschriften.
Konzept für die Bearbeitung des Themas. Februar hat der neue Bundesminister der Justiz und für Verbraucherschutz Heiko Maas angekündigt, die Tötungsdelikte im Strafgesetzbuch auf den Prüfstand zu stellen.
Im Kern Abkürzung der gesetzlichen Verjährungsfrist im Gebrauchtwagenhandel Der Bundesgerichtshof hat sich heute in einer Entscheidung mit der Wirksamkeit einer Klausel in Allgemeinen Geschäftsbedingungen für den Verkauf gebrauchter Kraftfahrzeuge und Anhänger befasst, die für Ansprüche des Käufers wegen Sachmängeln Der Verjährungsfrist für eine Betriebskostennachforderung des Vermieters Der Bundesgerichtshof hat sich heute in einer Entscheidung mit den Fragen befasst, wann die Verjährungsfrist für eine Betriebskostennachforderung des Vermieters beginnt und ob sich der Vermieter bei der Betriebskostenabrechnung für bestimmte Verjährungsfrist bei Schrottimmobilien beachten Nürnberg, Anlegern, die in gescheiterte finanzierte Immobilienkapitalanlagen, so genannte Schrottimmobilien, investiert haben, droht spätestens mit Ablauf dieses Jahres die Verjährung.
Heintschel-Heinegg Zu den wichtigsten Arbeitsgrundlagen für Strafverteidiger, Strafrichter und Staatsanwälte gehört das Strafgesetzbuch.
Doch auch für Referendare und Studenten stellt es ein