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Topic: German Criminal Code

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	[No title]
		Criminal law has maintained a careful distance to public law, despite the fact that criminal law is clearly a variety of public law in that it governs a particular form of legal interaction between the state and its citizens (punishment), rather than the legal relationship among private individuals, as in the case of civil law.
		Criminal Law as Taxonomy A specific science to which German criminal legal science might be fruitfully compared is botany, or zoology. The vast bulk of writings on German criminal law, in fact, is devoted to classification.
		German criminal law professors thus face the difficult choice of joining the policy fray, thereby abandoning all scientific pretense and its concomitant claims to authority, or of insisting on the strictly apolitical nature of their scientific inquiry, and thereby condemning themselves to a slow descent into irrelevance..
	wings.buffalo.edu /law/bclc/web/germanscience.doc (6000 words)

	Social and Cultural Analyses
		Comparable to criminal procedure, which is designed to clarify as much of the empirical truth of the case as possible, in the course of law-making the empirical background of the social problem to be attacked by criminal law has to be adequately researched.
		To be consistent with German criminal law doctrine it would have been necessary to to not use the instrument of the "abstract endangerment provision" but rather resort to the possibility of legally describing the individual act which is thought to be dangerous to the defined "legal goods".
		Most important is his argument that in reviewing a criminal code provision the "principle of commensurateness" has to be applied in its totality of three sub-principles in view of the deterrence effect of the provision as such as well as of its consequences in terms of confinement or other virtual punishment.
	www.rism.org /isg/dlp/ganja/analyses/Bollinger1.html (10658 words)

	German Law Journal - Reforms of the German Criminal Code -Stock-taking and Perspectives - also from a Constitutional ...
		German criminal law, with its more than 130 years of history, and with its almost 180 more or less profound amendments of the law, bears eloquent witness to the profound changes that criminal law can experience, in spite of individual extensive reforms, admittedly in a time of historical upheavals.
		Criminal law must only hit the guilty person; even in complex situations of threat, the proof of a relation, or attribution, of a particular offence to a specific individual cannot be renounced, remaining doubts or insecurities preclude, in dubio pro reo, the use of criminal law.
		A criminal code that did not contain offences that are punishable in the interest of the protection of human life would be in conflict with the Constitution.
	www.germanlawjournal.com /print.php?id=267 (3576 words)

	Prof. Dr. Ulrich Sieber - Criminal Liability for the Transfer of Data in International Computer Networks (Part II) (Site not responding. Last check: 2007-11-04)
		If criminal data is disseminated by other people acting on their own responsibility, the difficult question, even if commission is assumed, arises as to a "prohibition of recourse" for harmless, socially adequate or common acts contributing to an offense which are misused by other persons to damaging actions.
		In addition to a guarantor's obligation, the criminal liability for omission is subject to a further prerequisite: the offender must fail to take an action which is possible and reasonable for him and which would almost certainly prevent that the elements constituting a criminal offense are fulfilled.
		Two questions need to be differentiated when evaluating the criminal liability for the dissemination of data in international computer networks: the applicability of the respective statutory provision (in particular as regards the author of relevant statements) and the (co-)responsibility of the service provider for the statements made by third persons.
	www.jura.uni-muenchen.de /sieber/article/STVIPEN/Svie02.htm (12871 words)

	American Law and German Law
		The Bundesgerichtshof overturned the decision by applying paragraph 9, section 1 of the German Criminal Code concerning the locus delicti, which states that the places where the consequences of a criminal act have taken effect are also considered to be part of the locus delicti.
		From this, the Court concluded that although the publications concerned were placed on a foreign web server by a foreigner, the criminal act of inciting the public had nevertheless consequences in Germany, since the publications and their contents were available to the German public.
		In 1997-1999 he was a researcher at the Faculty of Law of Antwerp University, and was attached to the Belgian Commission for the Reform of the Code of Criminal Procedure from September 1997 to October 1998.
	www.amlaw.us /scheirs0.shtml (501 words)

	[No title] (Site not responding. Last check: 2007-11-04)
		The chairman of the Bundestag's Foreign Affairs Committee, Hans-Ulrich Klose, said on German radio this morning that Bonn must consider what he called "the possible negative consequences of an extradition request" -- as it is permitted to do under Paragraph 153 of the German criminal code.
		German law makes a clear distinction between the operations of the federal prosecutors department and political necessity.
		As a number of German commentators have pointed out this week, this means the Government is not entirely bound by the law but can also take political considerations into account.
	www.b-info.com /places/Bulgaria/news/98-11/nov26c.rfe (623 words)

	CSD.bg
		He pointed that the main purpose of the various mechanisms and measures for criminal assets forfeiture is to interrupt the possibility for such resources to be reinvested in the economic turnover and to reinstate the offender in the economic position preceding the illegal acquirement of these assets.
		He explained that the legal framework and the good interaction between the criminal services in the whole country are the foundations of the successful work of the German police concerning the criminal assets forfeiture.
		Boxleitner underlined that the specialization of the police staff working in the relevant criminal services, the constant raising of its qualification and skills and the development of the international cooperation are among the most important prerequisites for the successful results in that field.
	www.csd.bg /artShow.php?id=2727 (367 words)

	Kulturkampf - free-definition (Site not responding. Last check: 2007-11-04)
		The German term Kulturkampf (literally, "cultural war") commonly refers to the early years of the 1871 German Empire, when Reichskanzler Otto von Bismarck attempted to reduce the influence of the Catholics in Germany.
		The German Empire was dominated by Kingdom of Prussia, like most of northern Germany a Protestant state, but after a century of expansion one with a large Catholic minority, especially in the Rhineland and the Polish regions.
		Having evolved from the 1866 North German Confederation, the addition of the southern German states (especially Catholic Bavaria) caused Bismarck to perceive a danger to the stability of his system.
	www.free-definition.com /Kulturkampf.html (392 words)

	Police Raids Against German Anti-Fascists
		This state repression is aimed against the alleged formation of a "criminal organization" under Paragraph 129 of the German Criminal Code.
		These people are alleged to have committed more than 100 "criminal acts" since 1993, "directed against the public events of their political opponents, state institutions, and the city of Passau".
		This nationwide act of state repression is the latest in a series of criminalization attempts aimed at the anti-fascist resistance, for example the proceedings against 17 members of Autonome Antifa (M) in Gottingen.
	www.infoshop.org /news_archive/germany98_2.html (453 words)

	Table of contents for The criminal code of the German Empire (Site not responding. Last check: 2007-11-04)
		Table of contents for The criminal code of the German Empire / Geoffrey Drage.
		Contents may have variations from the printed book or be incomplete or contain other coding.
		4.Law Introducing the Criminal Code for the German Empire.
	www.loc.gov /catdir/toc/ecip056/2005000818.html (106 words)

	Shofar FTP Archives: imt/nca/nca-02/nca-02-15-criminality-01-03
		Section 128 of the Criminal Code of 1871 is especially pertinent.
		The German courts in dealing with criminal organizations proceeded on the theory that all members were held together by a common plan in which each one participated even though at various levels.
		Even if they had the intention of not participating in criminal efforts, or hindering them, this can not eliminate their responsibility." (R.G. 58, 401 of the 24.10.24.) Organizations with criminal ends are everywhere regarded as in the nature of criminal conspiracies, and their criminality is judged by the application of conspiracy principles.
	www.vex.net /~nizkor/ftp.cgi/imt/nca/ftp.py?imt/nca/nca-02/nca-02-15-criminality-01-03 (1003 words)

	WAR CRIMES CHARGES FILED AGAINST RUMSFELD IN GERMANY \| World War 4 Report (Site not responding. Last check: 2007-11-04)
		The complaint was brought under the German Code of Crimes against International Law (CCIL), enacted in 2002, which grants German courts "Universal Jurisdiction," or the right to prosecute such cases across national borders, regardless of the location of the crime or the accused.
		Aside from the well-documented evidence of abuse at Abhu Ghraib, including memos from high-ranking officials sanctioning torture, CCR lawyers maintain that their complaint is compelling to the German court because three of the defendants are present in the country: Lt. Gen.
		The case could prove to be a thorny issue for German Chancellor Gerhard Schroeder,whose administration is attempting to repair relations in the wake of its bitter dispute with the US over the invasion of Iraq.
	www.ww3report.com /105/iraq/warcrimes (852 words)

	Articles - Kulturkampf (Site not responding. Last check: 2007-11-04)
		The German term Kulturkampf (literally, "struggle of cultures") commonly refers to the early years of the 1871 German Empire, when Chancellor Otto von Bismarck attempted to reduce the influence of the Catholics in Germany, but can be used to refer to similar cultural conflicts at other periods and in other places.
		The German Empire was dominated by the Kingdom of Prussia, which was, like most of Northern Germany, a Protestant state.
		Among the measures taken to reduce the influence of the Catholic church was the addition of Â§ 130a to the German Criminal Code (Strafgesetzbuch) in 1871, which threatened clergy discussing politics in office with two years of jail; this article was dubbed the Kanzelparagraph (from German Kanzel = "lectern", "pulpit").
	www.sidepoint.com /articles/Kulturkampf (457 words)

	Useful links on Criminal (Penal) Law
		Criminal Code of Argentina (Spanish version): 1, 2.
		German Criminal Code (German version: 1, 2, German-English version).
		Code of Criminal Execution of Poland (Polish version).
	icpo-vad.tripod.com /crimen.html (134 words)

	analysis (Site not responding. Last check: 2007-11-04)
		Although in some cases prosecutors dropped their investigations because of either the alleged criminal's limited guilt or the athlete's consent to the battery, in other cases there still might be potential criminal liability under the German Criminal Code (StGB, Strafgesetzbuch), sections 223 (battery) and 230 (bodily harm).
		Section 223 of the German Criminal Code is the current rule, while sections 115 to 118 have been the equivalent East German rules, indicating that criminal liability may depend on whether the coaches committed battery under former East German law.
		Under German law, the coaches' criminal liability is heavily dependent on the athlete's behaviour.
	web.apu.ac.uk /sportslaw/slban3a.htm (445 words)

	[No title] (Site not responding. Last check: 2007-11-04)
		Subject: The History of Section 175 of the German Criminal Code _________________________________________________________________ Die Geschichte des Paragraphen 175 - The history of section 175 _________________________________________________________________ Last Thursday, March 10th, was a historic day for Germany's gay movement.
		The German parliament (Bundestag) abolished the socalled "homosexual section" (section 175) of the German criminal code.
		A look at the history of section 175 shows the importance of last week's decision - the facts are mainly taken from [GROS}: 1871 Section 175 first appears in the German criminal code; it has its origin in the Prussian criminal code.
	www.qrd.org /qrd/world/europe/germany/criminal.code.175.history (534 words)

	NEWS ARTICLES December 16 2002
		German national Hartmut "Harry" Joost tagged as undocumented, overstaying, and undesirable alien by the Bureau of immigration and Deportation (BID) has been ordered issuance of an arrest warrant by the Olongapo Regional Trial Court Branch 1.
		Joost is charged with obstruction of justice for failing to reveal the whereabouts of a witness/complainant in a case against Australian convicted paedophile Victor Fitzgerald despite admitting to the National Bureau of Investigation that he knew her whereabouts and that he knew the woman who had custody over the minor.
		Joost has been brought to justice after almost two years since BID Associate Commissioner Linda Malenab-Hornilla found sufficient basis that he allegedly committed the crime of false testimony, that he is undesirable for having been charged with obstruction of justice, and for being undocumented and overstaying alien in the country.
	www.preda.org /work/resolution/newsart02121601.html (586 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		They were vested with jurisdiction to enforce the German Criminal Code in relation to civilians in petitioner's status in the area where the homicide occurred.
		29 Section 211 of the German Criminal Code accordingly was applicable to petitioner on October 20, 1949.
		She enjoyed the immunity from the jurisdiction of all German courts which had been granted to nationals of the United Nations and to families of members of the occupation forces.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=search&court=US&case=/us/343/341.html (7704 words)

	Gay Focus at Holocaust Museum
		Charges were brought under Paragraph 175 of the German criminal code, which outlawed "unnatural indecency" between men, starting in 1871.
		For decades after the Allied victory they were subject to the same criminal statute that Hitler’s regime had used to pursue them.
		Up to 15,000 were interned in concentration camps, where pink triangles—like the yellow star of David that Jews had to wear—were sewn on their uniforms.
	www.sodomylaws.org /world/germany/genews012.htm (926 words)

	Arnim, Harry, Graf von -- Encyclopædia Britannica
		in full Harry Karl Kurt Eduard, Graf von Arnim-Suckow Prussian diplomat whose indiscreetly expressed opposition to German chancellor Otto von Bismarck led to his prosecution and gave rise to the so-called Arnim Paragraph, an addition to the German criminal code that made unauthorized disclosures of official documents a criminal offense.
		Prussian diplomat whose indiscreetly expressed opposition to German chancellor Otto von Bismarck led to his prosecution and gave rise to the so-called Arnim Paragraph, an addition to the German criminal code that made unauthorized disclosures of official documents a criminal offense.
		German tennis player Steffi Graf dominated her sport in the late 1980s and the 1990s.
	www.britannica.com /eb/article?tocId=9009571 (853 words)

	Criminal Code (Strafgesetzbuch, StGB)
		German criminal law shall apply to acts, which were committed domestically.
		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.
		(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.
	www.iuscomp.org /gla/statutes/StGB.htm (12298 words)

	WILHELM STÄGLICH: West German Justice and So-Called National Socialist Violent Crimes
		The German people had had many years of lurid atrocity stories from the Allied show-trials, and far from making them more enthusiastic for even more trials, the German people were starting to become even more cynical and skeptical.
		After evaluating all the Sachsenhausen-related trials so far, plus the list of war criminals compiled by the survivors, plus the published survivor narratives, it was possible to compile a dossier on the whereabouts of many of the former SS men who were employed at the camp or were otherwise related to it in some way.
		It would seem, therefore, that a comprehensive final exposition of criminal offenses committed in the camp is very likely to be crowned with success, even after such a length of time, provided that the former prisoners, such as yourself, do not fail to give me their assistance.
	www.vho.org /GB/Journals/JHR/2/3/Staeglich247-281.html (8964 words)

	Milbank Research Portal - Germany Practice Resources
		German Business and Commercial Laws: Guide to Translations into English and Select Auxiliary Sources is a finding aid for international legal and business transaction information and for locating English translations of German business and commercial laws.
		German Criminal Code in English translated by the German Federal Ministry of Justice and the German Criminal Procedure.
		President of the Federal Republic of Germany in German and in English.
	www.milbank.com /library/germany.htm (834 words)

	Persecution of Homosexuals in the Third Reich
		While male homosexuality remained illegal in Weimar Germany under Paragraph 175 of the criminal code, German homosexual-rights activists became worldwide leaders in efforts to reform societal attitudes that condemned homosexuality.
		Ministry officials expanded the category of "criminally indecent activities between men" to include any act that could be construed as homosexual.
		Those interned came from all areas of German society, and often had only the cause of their imprisonment in common.
	www.ushmm.org /wlc/article.php?lang=en&ModuleId=10005218 (1118 words)

	Legal Translation Workshop
		She did her B.A. in German and English in 1969 and her Ph.D. in German literature in 1976, both at King’s College, University of London (http://www.kcl.ac.uk/).
		The Bundesgerichtshof is sometimes translated as ‘German Supreme Court,’ but I object to this because it overlooks the existence of the Bundesverfassungsgericht (which I call the Federal Constitutional Court, not usually bothering to add the German), the court that deals with judicial review under the Basic Law.
		Still, I would prefer to translate a criminal offence by a term that is appropriate for the German definition of the offence and is also comprehensible to an English reader.
	www.accurapid.com /journal/02wkshop.htm (5598 words)

	[No title] (Site not responding. Last check: 2007-11-04)
		A German prosecutor sent the following message to the ICTF (http://www.anwalt.de/ictf/p960901e.htm): "Under the following addresses in Internet: http://www.serve.com/spg/154/ http://www.xs4all.nl/~tank/radikal//154/ and using the link on page http://ourworld.compuserve.com/homepages/angela1/radilink.htm one can call up the entire edition of the pamphlet entitled radikal Nr.
		Parts of this pamphlet justify preliminary suspicion of promoting a terrorist organization under ' 129a, Par.3 of the German Criminal Code, public condoning of criminal activities penalizable under ' 140 no.2 of the German Criminal Code and preliminary suspicion of inciting to criminal activity under ' 130a Par.1 of the German Criminal Code.
		You are herewith informed that you may possibly make yourself subject to criminal prosecution for aiding and abetting criminal activities if you continue to allow these pages to be called up via your access points and network crosspoints" Providers in Germany are already blocking packets to and from the host www.xs4all.nl.
	www.xs4all.nl /~felipe/WWW.old/press/persverklaring.html (330 words)

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