Paragraph 78 Stgb

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Paragraph 78 Stgb

(1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. (2) Verbrechen. Strafgesetzbuch (StGB) § 78 Verjährungsfrist. (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. 78 StGB Mitwirkung am Selbstmord - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE merken. Logo Jusline Seitentrenner Paragraf.

Bundesrecht konsolidiert: Strafgesetzbuch § 78, Fassung vom 18.06.2019

Verfolgungsverjährung nach § 78 StGB: Wann verjährt eine Straftat? den in den Paragraphen des Strafgesetzbuches festgelegten möglichen Höchststrafen. Die Strafverfolgungsverjährung nach § 78 StGB betrifft den Fall, dass die Tat unentdeckt bleibt, oder wenn Sie als Täter nach der Tat fliehen konnten und nicht​. Die Verjährungsregeln im Strafgesetzbuch (StGB) sind kompliziert. Die Dauer der gesetzliche Verjährungsfrist ist in Paragraf 78 Absatz 3 StGB.

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Paragraph 78 Stgb Strafgesetzbuch (StGB) § 78 Verjährungsfrist. (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. (1) 1 Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. 2 § 76a Absatz 2 bleibt unberührt. (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. (2) Verbrechen. 78 StGB Mitwirkung am Selbstmord - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE merken. Logo Jusline Seitentrenner Paragraf. Paragraph § 78 des Strafgesetzbuchs - StGB (Verjährungsfrist) mit zusätzlichem Recherchematerial wie Formularen, Präsentationen, PDFs und anderen Webseiten. Paragraph (known formally as § StGB; also known as Section in English) was a provision of the German Criminal Code from to 10 March It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. § 78 StGB Mitwirkung am Selbstmord - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE Österreich. Section 78 Limitation period: Section 78a Commencement: Section 78b Stay of limitation: Section 78c Interruption: Title 2 Limitation on enforcement: Section 79 Limitation period: Section 79a Stay of limitation: Section 79b Extension: Special Part: Chapter 1 Offences against peace, high treason and endangering democratic state under rule of law. § 78 Verjährungsfrist (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. § 78 StGB Verjährungsfrist Strafgesetzbuch - directoryoklahoma.com directoryoklahoma.com /gesetz//ahtm (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. (2) Verbrechen nach § . Lesen Sie § 78 StGB kostenlos in der Gesetzessammlung von directoryoklahoma.com mit über Gesetzen und Vorschriften. Section 78 Period of Limitation (1) The imposition of punishment and the ordering of measures (Section 11 subsection (1), no. 8) shall be excluded on expiry of the period of the statute of limitations. Section 76a subsection (2), sent.1, no. 1, shall remain unaffected. Sections to repealed. Section Endangering protected areas. The court may also subsequently make the order under subsection 2 sentence 4. Suspension under sentence 1 or 2 automatically leads to the supervision England Vs Slowakei conduct. Wenn Sei Es Englisch, so läuft die Verjährungsfrist nicht vor dem Zeitpunkt ab, in dem das Verfahren rechtskräftig abgeschlossen ist. In der Diskussion über Verfahrenseinstellungen im Loveparade-Prozess spielen jedoch auch noch eine andere gesetzliche Vorschriften eine Rolle - nämlich diejenigen zur sogenannten absoluten Verjährung. II 3 des BG vom BGH: Verkürzung der Verjährungsfrist für Ansprüche wegen Reisemängeln unwirksam Der unter anderem für das Reiserecht zuständige Xa-Zivilsenat des Bundesgerichtshofs hat zwei Rechtsfragen zu allgemeinen Geschäftsbedingungen eines Reiseveranstalters entschieden. If the 250 Britische Pfund In Euro 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 Apex Peacekeeper Nerf the production of the benefit. Pursuant to the same prerequisites, a lawyer, defense counsel or physician shall not be obligated to report what was confided to him in this capacity. Februar hat der neue Bundesminister der Justiz und Star Horse Verbraucherschutz Heiko Maas angekündigt, die Tötungsdelikte im Strafgesetzbuch auf den Prüfstand zu stellen. In cases of imprisonment for a fixed term, at most three-fourths of the maximum term provided Atp Live Weltrangliste be imposed. Section 78b shall remain unaffected. Section 67 4 2 is incompatible with Art. Whoever, as a public official charged with participation in the execution of:. Confiscation and rendering unusable shall, however, only be ordered to the extent that: 1. Time during which the perpetrator is held in custody in an institution by order of a public authority shall not be credited. Whoever upon commission of the act is under fourteen years of age lacks capacity to be adjudged guilty. Whoever disparages Tiroler Schinkenchips memory of a deceased person shall be punished with imprisonment for not more than Paragraph 78 Stgb years or a fine. The content of telecommunications Gambling Resort Monaco their immediate circumstances, especially the fact, whether someone has participated in, or is participating in a telecommunications event, are subject to telecommunications confidentiality.
Paragraph 78 Stgb

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In einem Interview mit der Süddeutschen Zeitung am 8. 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.

If the perpetrator has no permission to drive, then only a bar shall be ordered. However, it may not be less than three months.

The time of a provisional withdrawal ordered because of the act shall be credited to the term of the bar, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be reviewed.

This action shall be permissible at the earliest when the bar has been in effect three months, or a year in cases pursuant to subsection 3 ; subsection 5 , sentence 2 and subsection 6 shall apply accordingly.

The right to drive motor vehicles in Germany is forfeited when the decision becomes final. During the bar neither domestic permission to drive, nor the right to make use of foreign permission to drive, may be granted.

Prohibition of Engagement in a Profession. The order of prohibition of engagement in a profession may be permanent if it can be expected that the statutory maximum term will not suffice to avert the danger posed by the perpetrator.

It may, however, not be less than three months. The time of a provisional prohibition of engagement in a profession ordered because of the act shall be credited to the term of prohibition, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be examined.

Time during which the perpetrator is held in custody in an institution by order of a public authority shall not be credited. The time of a provisional prohibition of engagement in a profession shall be credited to the term of prohibition within the framework of Section 70 subsection 4 , sent.

The term of probation shall be extended, however, by the time in which a term of imprisonment or a measure involving deprivation of liberty is executed, which was imposed or ordered against the convicted person because of the act.

In this respect priority shall be given among a number of suitable measures to those which least burden the perpetrator. Before the conclusion of the execution of a measure the court shall order the execution of the next, respectively, if its objective still requires the placement.

Section 67c subsection 2 , sentences 4 and 5 shall be applicable. This shall not apply to the extent that a claim by the aggrieved party has arisen out of the act the satisfaction of which would deprive the perpetrator or inciter or accessory of the value of that which was acquired by virtue of the act.

It may also extend to objects which the perpetrator or inciter or accessory has acquired through alienation of an acquired object, as a replacement for its destruction, damage or seizure or on the basis of an acquired right.

To the extent that the forfeiture of a particular object is impossible due to the nature of what was acquired or for some other reason or because forfeiture of a replacement object pursuant to Section 73 subsection 2 , sent.

The court shall also make such an order collateral to the forfeiture of an object to the extent its value falls short of the value of that which was originally acquired.

The extent of what has been acquired and its value, as well as the amount of the claim the satisfaction of which would deprive the perpetrator or inciter or accessory of that which was acquired, may be estimated.

Sentence 1 shall also be applicable if the perpetrator or inciter or accessory does not own or have a claim to the object only because he acquired the object as a result of an unlawful act or for the purpose of committing it.

Section 73 subsection 2 , shall apply accordingly. The rights of third parties in the object shall remain intact. If the law refers to this provision, then objects may also be confiscated, as an exception to Section 74 subsection 2 , no.

Particular consideration shall be given to instructions:. If the instructions are followed, the reservation on confiscation shall be lifted; otherwise the court shall subsequently order the confiscation.

It shall simultaneously be ordered that the equipment used or intended for the production of the writings, such as plates, frames, type, blocks, negatives or stencils, be rendered unusable.

Confiscation and rendering unusable shall, however, only be ordered to the extent that:. However, the court shall order the extinguishment of these rights if it bases confiscation on the fact that the conditions of Section 74 subsection 2 , no.

It may also order the extinguishment of the rights of a third party if he may not be granted compensation pursuant to Section 74f subsection 2 , nos.

Section 14 subsection 3 , shall apply accordingly. If an order of forfeiture or confiscation of an object is not practicable or insufficient because one of the preconditions indicated in Sections 73a, 73d subsection 2 , or 74c has occurred or become known, then the court may subsequently order the forfeiture or confiscation of the replacement value.

Confiscation or rendering unusable may not, however, be ordered in the absence of a complaint, authorization, or request for prosecution. If the aggrieved party has left neither a spouse nor children or if they have died before the expiration of the period for filing the complaint, then the right to file the complaint passes to the parents and, if they have also died before the expiration of the period for filing the complaint, to the siblings and grandchildren.

If a relative has participated in the act or his relationship with the aggrieved party has ceased to exist, then he is excluded from those to whom the right to file the complaint may pass.

The right to file the complaint does not pass if prosecution is at variance with the expressed desire of the aggrieved party.

In the case of soldiers the superior in the public service shall be the superior in disciplinary matters. If the public official or the person with obligations himself manages this public agency, then the state supervisory authority is entitled to file the complaint.

If the end of the period falls on a Sunday, a general holiday or a Saturday, then the period shall end with the expiration of the next workday.

If prosecution of the act is also dependent on a decision as to the nullity or dissolution of a marriage, then the period shall not begin before the expiration of the day on which the entitled person acquires knowledge of the finality of the decision.

For a complaint by the statutory representative or the person responsible for the care of the person, their knowledge is decisive.

He may still file the complaint even if, for him, the period for filing the complaint has expired. The withdrawal may be declared up until the conclusion of criminal proceedings has become final.

A withdrawn complaint may not be refiled. More than one relative of equal rank may only exercise the right jointly.

Whoever participated in the act may not withdraw the complaint. If the act may be prosecuted only with authorization or upon a request for prosecution, then Sections 77 and 77d shall apply accordingly.

Section 76a subsection 2 , sent. The statute of limitations shall commence to run as soon as the act is completed.

If a result constituting an element of the offense only occurs later, then the statute of limitations shall commence to run at that time.

In a preventive detention proceeding and in an independent proceeding, the running of the statute of limitations shall be interrupted by acts in the conduct of a preventive detention proceeding or an independent proceeding which correspond to those in sentence 1.

If the document is not immediately processed after signing, then the time it is actually submitted for processing shall be decisive.

Prosecution shall be barred at the latest by the statute of limitations, however, when twice the statutory period of limitation has elapsed since the time indicated in Section 78a, or three years, if the period of limitation is shorter than three years.

Section 78b shall remain unaffected. In the case of other measures the period of limitations shall be ten years. If, however, supervision of conduct or a first placement in an institution for withdrawal treatment has been ordered, then the period shall be five years.

However, a simultaneous order of preventive detention shall not prevent the running of the statute of limitations for the execution of punishments or other measures.

The court may, upon application of the executing authority, extend the period of limitation once before its expiration by one half of the statutory period of limitation, if the convicted person is staying in a territory from which his extradition or transfer can not be obtained.

Whoever prepares a war of aggression Article 26 subsection 1 , of the Basic Law in which the Federal Republic of Germany is supposed to participate and thereby creates a danger of war for the Federal Republic of Germany, shall be punished with imprisonment for life or for not less than ten years.

Whoever publicly incites to a war of aggression Section 80 in a meeting or through the dissemination of writings Section 11 subsection 3 in the territorial area of application of this law shall be punished with imprisonment from three months to five years.

An attempt shall be punishable. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in sentence 1.

Symbols which are so similar as to be mistaken for those named in sentence 1 shall be deemed to be equivalent thereto.

Sections 84, 85 and 87 shall only apply for acts which are committed in the course of conduct engaged in within the territorial area of application of this law.

Collateral to imprisonment of at least six months for a crime under this section, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters Section 45 subsections 2 and 5.

Section 74 shall be applicable. An especially serious case exists as a rule, if the perpetrator:. Section 94 subsection 2 , shall be applicable.

Whoever communicates a secret, which is not a state secret because of one of the violations indicated in Section 93 subsection 2 , to a foreign power or one of its intermediaries and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished as a traitor Section Section 96 subsection 1 , in conjunction with Section 94 subsection 1 , no.

The act is as a rule not an appropriate means if the perpetrator did not previously appeal to a member of the Bundestag for remedial action.

This shall apply to persons with special public service obligations and to persons who are obligated within the meaning of Section b subsection 2 , by analogy.

In especially serious cases the punishment shall be imprisonment from one year to ten years; Section 94 subsection 2 , sent.

If the perpetrator, in cases under subsection 2 , sentence 1, has been pressured into the conduct by the foreign power or its intermediaries, then he shall not be punished under this provision if he voluntarily renounces his conduct and discloses his knowledge promptly to a government agency.

An especially serious case exists as a rule, if the perpetrator communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he:.

An especially serious case exists as a rule, if the perpetrator creates by the act a serious danger to the continued existence of the Federal Republic of Germany.

An especially serious case exists as a rule, if the perpetrator creates an especially serious prejudice to the external security of the Federal Republic of Germany or to its relations with a foreign power.

Collateral to imprisonment of at least six months for an intentional crime in this section, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters Section 45 subsections 2 and 5.

Objects of the type indicated in sentence 1, number 2, shall be confiscated even in the absence of the prerequisites of Section 74 subsection 2 , if this is required in order to avert the danger of a serious prejudice to the external security of the Federal Republic of Germany; this shall also apply if the perpetrator acted without guilt.

The public prosecutor may also file an application for publication of the conviction. Crimes under this section shall only be prosecuted if the Federal Republic of Germany maintains diplomatic relations with the other state, reciprocity is guaranteed and was also guaranteed at the time of the act, a request for prosecution by the foreign government exists, and the federal government gives authorization for criminal prosecution.

Whoever contravenes a provision which serves to protect the secrecy of elections with the intent of obtaining for himself or another knowledge as to how someone voted, shall be punished with imprisonment for not more than two years or a fine.

Collateral to imprisonment of at least six months for a crime pursuant to Sections , a, and b, the court may deprive the person of the capacity to attain public electoral rights, and the right to elect or vote in public matters Section 45 subsections 2 and 5.

Sections to c shall apply to elections to the parliaments, election of members of the European Parliament, other popular elections and ballots in the Federation, the Lands, municipalities and municipal associations, as well as direct elections in the social security system.

The signing of nomination papers or the signing of a popular initiative shall be equivalent to an election or ballots. Excepted shall be activity engaged in to inform the public within the framework of usual press or radio reporting.

The act shall not be punishable, however, if the perpetrator acted with the permission of the competent government agency.

Collateral to imprisonment of at least one year for a crime pursuant to Sections e and f, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters Section 45 subsections2 and 5.

Objects of the type indicated in sentence 1, number 2, shall be confiscated even in the absence of the prerequisites of Section 74 subsection 2 , if required by national defense interests; this shall also apply if the perpetrator acted without guilt.

The punishment may not be more severe than that provided in a case in which the incitement is successful subsection 1 ; Section 49 subsection 1 , no.

An especially serious case exists, as a rule, if:. This shall also apply if the perpetrator mistakenly assumes that the official act is lawful. If the perpetrator could not have avoided the mistake and under the circumstances known to him he could not have been expected to use legal remedies to defend himself against the presumed unlawful official act, then the act shall not be punishable under this provision; if he could have thus been expected, then the court may mitigate the punishment in its discretion Section 49 subsection 2 or dispense with punishment under this provision.

An especially serious case exists, as a rule, if the perpetrator or another participant:. When a crowd of people publicly routs with intent to join forces to commit acts of violence against persons or things and unlawfully intrudes into the dwelling, business premises, or other enclosed property of another, or into closed premises designated for public service, then anyone who takes part in these acts shall be punished with imprisonment for not more than two years or a fine.

An especially serious case exists, as a rule, if the perpetrator:. Whoever, without authorization, forms or commands a group which has weapons or other dangerous tools at its disposal, or joins such a group, provides it with weapons or money or otherwise supports it, shall be punished with imprisonment for not more than two years or a fine.

Whoever without authorization engages in the exercise of a public office or undertakes an act which may only be undertaken with the authority of a public office, shall be punished with imprisonment for not more than two years or a fine.

Whoever knowingly destroys, removes, disfigures, renders unrecognizable or distorts the meaning of an official document that has been publicly posted or displayed as an announcement, shall be punished with imprisonment for not more than one year or a fine.

This shall also apply if the perpetrator mistakenly assumes that the official act was lawful. Pursuant to the same prerequisites, a lawyer, defense counsel or physician shall not be obligated to report what was confided to him in this capacity.

If the execution or result of the act does not take place due in no part to the contribution of the person obligated to report, then his earnest efforts to avert the result suffice for exemption from punishment.

This shall not apply if he intentionally obstructs the determinations by his conduct. Whoever violates a particular instruction of the type indicated in Section68b subsection 1 , during supervision of conduct and thereby endangers the objective of the measure, shall be punished with imprisonment for not more than one year or a fine.

The act shall only be prosecuted upon complaint of the supervisory agency Section 68a. Whoever engages in a profession, branch of profession, trade or branch of trade for himself or another or allows another to engage in it for him, although he or the other has been prohibited to do so by a criminal court, shall be punished with imprisonment for not more than one year or a fine.

Section 73d shall also be applied if the perpetrator acts professionally. The following securities shall be equivalent to money within the meaning of Sections ,, and if they are specially protected against imitation by print and type of paper:.

Sections through shall also be applicable to money, stamps and securities of a foreign currency area. Whoever as a witness or expert gives false unsworn testimony before a court or other agency competent to examine witnesses and experts under oath shall be punished with imprisonment from three months to five years.

Whoever, before a public authority competent to administer affirmations in lieu of an oath, falsely makes such an affirmation or falsely testifies while referring to such an affirmation, shall be punished with imprisonment for not more than three years or a fine.

Sections 30 subsection 1 , 31 subsection 1 , no. The provisions of Section subsections 2 and 3 , shall apply accordingly. If the aggrieved party dies, then the right to file the application passes to the relatives indicated in Section 77 subsection 2.

Section 77 subsections 2 to 4 , shall apply accordingly. Whoever intentionally or knowingly disturbs a funeral service shall be punished with imprisonment for not more than three years or a fine.

Whoever grossly violates his duty to provide care or upbringing for a person under sixteen years and thereby creates a danger for the ward, that his physical or psychic development could be seriously damaged, that he will lead a criminal life or engage in prostitution, shall be punished with imprisonment for not more than three years or a fine.

Whoever contracts a marriage although he is already married, or whoever contracts a marriage with a married person, shall be punished with imprisonment for not more than three years or a fine.

Consanguine siblings who complete an act of sexual intercourse with each other shall be similarly punished. An act as to which judgment was rendered abroad shall be deemed equivalent in cases under subsection 1 , number 4, to an act as to which judgment was rendered domestically, if under German criminal law it would have been such an act under Section subsections 1 or 2.

If by the sexual abuse Sections and a the perpetrator at least recklessly causes the death of the child, then the punishment shall be imprisonment for life or for not less than ten years.

If the perpetrator through sexual coercion or rape Section at least recklessly causes the death of the victim, then the punishment shall be imprisonment for life or for not less than ten years.

Sentence 1, Number 2 shall not be applicable if the person responsible for the care of the person acts; this shall not apply if the person responsible for the care of the person grossly violates a duty to provide upbringing in thus abetting.

In cases under Sections to c, to, b toa, and the court may order supervision of conduct Section 68 subsection 1. Sections 43a, 73d shall be applicable in cases under Sections and a subsections 1 and 2 , if the perpetrator acts as a member of a gang which has combined for the continued commission of such acts.

Section 73d shall also be applicable if the perpetrator acted professionally. Whoever publicly commits sexual acts and thereby intentionally or knowingly creates a nuisance, shall be punished with imprisonment for not more than one year or a fine, if the act is not punishable under Section Whoever possesses the writings indicated in sentence 1 shall be similarly punished.

Subsection 1 , number 3a, shall not apply if the act takes place in business transactions with commercial borrowers. Subsection 5 shall not apply to acts, which serve exclusively to fulfill legal, official or professional duties.

Objects, to which a crime under subsection 5 relates, shall be confiscated. Section 74a shall be applicable.

Whoever persistently contravenes a prohibition enacted by ordinance against engaging in prostitution at particular places at any time or during particular times of the day, shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.

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.

Einführung in die Problematik. Überblick über die Verjährungs- und Wiederaufnahmevorschriften. Konzept für die Bearbeitung des Themas.

Kapitel Die Wiedera. Mitwirkung am Selbstmord. Wer einen anderen dazu verleitet, sich selbst zu töten, oder ihm dazu Hilfe leistet, ist.

IV StGB. Jetzt mit auskunft.

Paragraph 78 Stgb
Paragraph 78 Stgb
Paragraph 78 Stgb

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