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Persons who have not attained the age of fourteen at the time of the commission of the offence shall be deemed to act without guilt. Any person who at the time of the commission of the offence is incapable of appreciating the unlawfulness of their actions or of acting in accordance with any such appreciation due to a pathological mental disorder, a profound consciousness disorder, debility or any other serious mental abnormality, shall be deemed to act without guilt. Section 21 Diminished responsibility. If the capacity of the offender to appreciate the unlawfulness of his actions or to act in accordance with any such appreciation is substantially diminished at the time of the commission of the offence due to one of the reasons indicated in section 20, the sentence may be mitigated pursuant to section 49 1.

A person attempts to commit an offence if he takes steps which will immediately lead to the completion of the offence as envisaged by him. Section 23 Liability for attempt. If the offence is not completed regardless of his actions, that person shall not be liable if he has made a voluntary and earnest effort to prevent the completion of the offence.

His voluntary and earnest effort to prevent the completion of the offence shall suffice for exemption from liability, if the offence is not completed regardless of his actions or is committed independently of his earlier contribution to the offence. Any person who intentionally induces another to intentionally commit an unlawful act abettor shall be liable to be sentenced as if he were a principal.

It shall be mitigated pursuant to section 49 1. Section 28 Special personal characteristics.

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Section 29 Separate criminal liability of the accomplice. Each accomplice shall be liable according to the measure of his own guilt and irrespective of the guilt of the others. The sentence shall be mitigated pursuant to section 49 1. Section 23 3 shall apply mutatis mutandis. Section 31 Withdrawal from conspiracy. Section 33 Excessive self-defence. A person who exceeds the limits of self-defence out of confusion, fear or terror shall not be held criminally liable. A person who, faced with an imminent danger to life, limb, freedom, honour, 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 con icting interests, in particular the affected legal interests and the degree of the danger facing them, the protected interest substantially outweighs the one interfered with.

This shall apply only if and to the extent that the act committed is an adequate means to avert the danger.

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This shall not apply if and to the extent that the offender could be expected under the circumstances to accept the danger, in particular, because he himself had caused the danger, or was under a special legal obligation to do so; the sentence may be mitigated pursuant to section 49 1 unless the offender was required to accept the danger because of a special legal obligation to do so.

Section 36 Parliamentary statements. Delegates of the Federal Parliament, the Federal Assembly or of a legislative body of a member state shall at all times be immune from external liability because of a vote they cast or a statement they made within one of those bodies or one of their committees. This shall not apply to intentional defamations. Section 37 Parliamentary reports. Truthful reports about the public sessions of the bodies indicated in section 36 or their committees shall not give rise to any liability.

Section 38 Term of imprisonment. Section 39 Determination of fixed-term 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. The minimum fine shall consist of five and, unless the law provides otherwise, the maximum shall consist of three hundred and sixty full daily units.

In doing so, it shall typically base its calculation on the actual average one-day net income of the offender or the average income he could achieve in one day. A daily unit shall not be set at less than one and not at more than thirty thousand euros. Section 41 Fines in addition to imprisonment. If the offender through the commission of the offence enriched or tried to enrich himself, a fine which otherwise would not have been provided for or only in the alternative may be imposed in addition to imprisonment if this appears appropriate taking into consideration the personal and financial circumstances of the offender.

This does not apply if the court imposes an order pursuant to section 43a. Section 42 Allowing time for payment; instalments. If a convicted offender, due to his personal or financial circumstances, cannot be expected to pay the full fine immediately, the court shall allow a certain time for payment or allow payment in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments will be revoked if the convicted offender fails to pay an instalment in time. The court shall also allow for such conditions of payment if without them the restitution by the offender of any damage caused by the offence were to be substantially impaired; the court may require the offender to present proof of restitution.

Section 43 Imprisonment for default of payment. If the fine cannot be recovered, it shall be replaced by imprisonment. One daily unit shall correspond to one day of imprisonment. The minimum term of imprisonment for default of payment shall be one day. Section 43a Confiscatory expropriation order. Material benefits which have been confiscated shall not be taken into account when assessing the value of the assets. The value of the assets may be estimated. The maximum term of default imprisonment shall be two years, its minimum one month.

Section 44 Temporary driving ban. A driving ban shall typically be imposed in cases of a conviction under section c 1 No 1 a , 3 or section unless a disqualification order has been made under section National and international driving licences issued by a German public authority shall be kept in official safekeeping for its duration. This shall also apply if the driving licence was issued by a public authority of a member state of the European Union or another signatory state of the Treaty on the European Economic Area if the holder is ordinarily resident in Germany.

The driving ban shall be endorsed on any other foreign driving licences. Any period during which the offender was kept in detention in an institution pursuant to an order of a public authority shall not count towards the duration. Section 45 Loss of ability to hold public office, to vote and be elected in public elections. Section 45a Entry into effect and calculation of duration. If a custodial measure of rehabilitation and incapacitation had been ordered in addition to imprisonment, the duration shall begin on the day that measure has been served.

Section 46 Principles of sentencing. Consideration shall in particular be given to. Section 46a Offender-victim mediation; restitution. Section 46b Contributing to the discovery or prevention of serious offences. In order to determine whether an offence is punishable by an increased minimum sentence of imprisonment, only aggravations for especially serious cases but no mitigations shall be taken into account.

If the offender participated in the offence, his contribution to its discovery under the 1 st sentence No. Instead of a reduction in sentence the court may order a discharge if the offence is punishable by a fixed-term sentence of imprisonment only and the offender would not be sentenced to a term exceeding three years. Section 47 Short terms of imprisonment as the exception. Section 48 repealed.

Section 49 Special mitigating circumstances established by law. Imprisonment of not less than three years shall be substituted for imprisonment for life. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum term may be imposed. In case of a fine the same shall apply to the maximum number of daily units. Any increased minimum statutory term of imprisonment shall be reduced as follows:.

Section 50 Multiple mitigating circumstances. A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once. Section 51 Effect of time spent in custody.

The court may order for such time not to be credited in whole or in part if in light of the conduct of the convicted person after the offence this would be inappropriate. Subsection 1 above shall apply mutatis mutandis to any other detention suffered abroad.

If a foreign sentence or time in detention is to be credited, the court shall determine the rate as it sees fit. For this purpose, the provisional deprivation of a driving licence or its seizure section 94 of the Code of Criminal Procedure shall be equivalent to a provisional disqualification. Section 52 One act violating multiple laws or the same law more than once. The sentence may not be more lenient than the other applicable laws permit.

In addition, ancillary penalties and measures section 11 1 No 8 must or may be imposed if one of the applicable laws so requires or allows. Section 53 Multiple offences committed by multiple acts. The court may impose a separate fine; if fines are to be imposed for more than one offence, an aggregate fine shall to that extent be imposed. Section 43a 3 shall apply mutatis mutandis. Section 54 Fixing of aggregate sentence.

In all other cases the aggregate sentence shall be fixed by increasing the most severe individual sentence incurred and, in the case of different kinds of penalties, by increasing the sentence that is most severe in nature. The person of the offender and the individual offences shall be considered in their totality. Section 55 Subsequent fixing of aggregate sentence. That previous conviction shall be the judgment in those proceedings in which the factual findings underlying the new conviction could last have been examined. Section 56 Power of court to suspend sentence. The court shall particularly take into account the character of the convicted person, his previous history, the circumstances of his offence, his conduct after the offence, his circumstances and the effects to be expected from the suspension.

In making its decision, the court shall particularly take into account any efforts by the convicted person to make restitution for the harm caused by the offence. It shall not be excluded by any crediting of time served in custody on remand or any other form of detention. Section 56a Operational period. This must not exceed five years nor be less than two years. It may subsequently be reduced to the minimum or prolonged to the maximum before its expiration. No unreasonable demands shall be made from the convicted person. The court shall not impose a condition pursuant to the 1st sentence of this subsection Nos 2 to 4 unless the fulfilment of the condition does not impair the restitution for the harm caused.

Section 56d Supervision order. In cooperation with the court he shall supervise the fulfilment of any conditions and directions as well as of any offers and assurances. He shall report on the way the convicted person is conducting himself, at intervals determined by the court. He shall inform the court as to serious or persistent violations of the conditions, directions, offers or assurances.

It may give him instructions concerning his functions under subsection 3 above. Section 56e Subsequent decisions. The court may also make, modify or vacate decisions pursuant to sections 56b to 56d at a later date. Section 56f Order for suspended sentence to take effect. No 1 of the 1st sentence of this subsection shall apply mutatis mutandis if the offence was committed in the interim period between the decision suspending the sentence and its becoming final; it shall also apply in cases of the subsequent fixing of aggregate sentences if the offence was committed in the period between the decision on the suspension of a judgment included in the aggregate sentence and the date when the aggregate sentence became final.

In cases pursuant to No 2 above the operational period must not be prolonged for more than one-half of the originally imposed period. If a suspended sentence is put into effect the court may credit services which the convicted person has rendered in fulfilment of conditions under section 56b 2 1st sentence Nos 2 to 4, or related offers under section 56b 3 towards the sentence. Section 56g Remission of sentence. Section 56f 3 1st sentence shall apply. The revocation may only be declared within one year after the expiration of the operational period and six months after the new judgment has become final.

Section 56f 1 2 nd sentence and 3 shall apply mutatis mutandis. Section 57 Conditional early release—fixed-term imprisonment. The decision shall particularly consider the personality of the convicted person, his previous history, the circumstances of his offence, the importance of the legal interest endangered should he re-offend, the conduct of the convicted person while serving his sentence, his circumstances and the effects an early release are to be expected to have on him.

If the convicted person has served at least one year of his sentence before conditional early release is granted the court shall typically place him under the supervision and guidance of a probation officer for all or a part of the operational period. The court shall also revoke the early release if the convicted person, in the period between his conviction and the decision about the early release, has committed an offence which could for factual reasons not be taken into account by the court when deciding on the early release and which would have led to a denial of early release, had it been known at that time; the conviction shall be the judgment in those proceedings in which the underlying factual findings could last have been examined.

Section 57a Conditional early release—life imprisonment. Section 56a 2 1st sentence, sections 56b to 56g and section 57 3 2nd sentence and 5 2nd sentence shall apply mutatis mutandis. Section 57b Conditional early release—life imprisonment as aggregate sentence.

If imprisonment for life has been imposed as an aggregate sentence the individual offences shall be comprehensively evaluated in determining the particular seriousness of the guilt section 57a 1 1st sentence No 2. Section 58 Aggregate sentence and suspension of sentence. If the aggregate sentence is not suspended section 56f 3 shall apply mutatis mutandis. Section 59 Conditions for warning and deferment.

A warning with deferment shall not be considered alongside measures of rehabilitation and incapacitation. Section 59a Operational period, conditions and directions. It may not exceed two years nor be less than one year. Section 56c 3 and 4 and section 56e shall apply mutatis mutandis. Section 59b Order for deferred sentence to take effect. Section 59c Warning and deferment in cases of aggregate sentences.

The court may order a discharge if the consequences of the offence suffered by the offender are so serious that an imposition of penalties would be clearly inappropriate. This shall not apply if the offender has incurred a sentence of imprisonment of more than one year for the offence. Section 62 Principle of proportionality. A measure of rehabilitation and incapacitation must not be ordered if its use is disproportionate to the seriousness of the offence committed by or expected to be committed by the convicted person and to the degree of danger he poses to society.

Section 63 Mental hospital order. If a person has committed an unlawful act in a state of insanity section 20 or diminished responsibility section 21 the court shall make a mental hospital order if a comprehensive evaluation of the offender and the act leads to the conclusion that as a result of his condition, future serious unlawful acts can be expected of him and that he therefore presents a danger to the general public. Section 64 Custodial addiction treatment order. If a person has an addiction to alcohol or other drugs and is convicted of an unlawful act committed while he was intoxicated or as a result of his addiction, or is not convicted only because he has been found to be insane or insanity cannot be excluded on the evidence, the court shall make a custodial addiction treatment order if there is a danger that he will commit future serious unlawful acts as a consequence of his addiction.

Such order shall not be made unless ab initio there is a sufficiently certain prospect of success that the person can be healed by way of custodial addiction treatment or that a relapse into addictive behaviour and the commission of serious unlawful acts caused by that addiction can be prevented for a substantial period of time. Section 65 repealed. Section 66 Detention for the purpose of incapacitation.

If a person has committed two of the offences listed in the 1st sentence of this subsection for each of which he has incurred a sentence of imprisonment of not less than two years and if he is sentenced for one or more of these offences to a term of imprisonment of no less than three years, the court may, under the conditions indicated in subsection 1 1st sentence No.

Subsections 1 and 2 above shall remain unaffected. If time spent in custody on remand or other detention is credited against any term of imprisonment it shall be deemed as time served for the purposes of subsection 1 1st sentence No 3 above. A previous offence shall not be considered if a period of more than five years has passed between its commission and the subsequent offence; in the case of offences against sexual slf-determination the period shall be fifteen years.


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Any term during which the convicted person was kept in detention by order of a public authority shall not be included in that period. An offence adjudicated abroad shall be equivalent to an offence adjudicated in the Federal Republic of Germany as long as it would be an offence under subsection 1 1st sentence No 1 above under German criminal law, or, in cases under subsection 3 above, it would be an offence listed in subsection 3 1st sentence above.

Section 66 in its previous form incompatible with the Basic Law Article 1 according to the operating part of the decision of the Federal Constitutional Court of 4 May , Federal Law Gazette I p. Section 66a Deferred incapacitation order. The court shall make the order if a comprehensive evaluation of the prisoner, his offences and also his development until the date of the decision indicate that he is likely to commit serious offences resulting in serious emotional trauma or physical injury to the victims.

Section 66a in its previous form incompatible with the Basic Law Article 1 according to the operating part of the decision of the Federal Constitutional Court of 4 May , Federal Law Gazette I p. Section 66b Subsequent incapacitation order. If pursuant to section 67d 6 a mental hospital order has been declared moot because the condition causing insanity or diminished responsibility on which the order was based did not exist at the time of that declaration, the court may subsequently make an incapacitation order.

This shall apply mutatis mutandis if after serving an order under section 63 a term of imprisonment imposed at the same time is to be enforced in its entirety or in part. Section 66b in its previous form incompatible with the Basic Law Article 1 according to the operating part of the decision of the Federal Constitutional Court of 4 May , Federal Law Gazette I p. Section 66c Organisation of detention for the purposes of incapacitation and of antecedent imprisonment.

Section 67 Sequence of enforcement. When making an order for custodial addiction treatment in addition to a term of imprisonment of not less than three years the court shall order that a part of the sentence shall be served before the measure. That part of the sentence is to be calculated in a manner that enables a decision under subsection 5 1 st sentence below to be made after the part of the sentence and the measure have been served.

The court shall determine that the sentence shall be served before the measure if the convicted person is obliged to leave and may be deported from the Federal Republic of Germany and if there is reason to believe that his residence within Germany will be terminated during the sentence or immediately after the sentence will have been served.

If early release is not granted the measure shall continue; the court may order that the sentence be served instead if deemed appropriate based on the circumstances of the convicted person. Section 67a Transfer to another measure. A subsequent transfer may be ordered if the criteria under subsection 1 above are met and the transfer is indicated for the purposes of carrying out a medical or addiction treatment, including persons who are still in prison and whose detention for the purposes of incapacitation has been ordered or deferred.

The court may further vacate a decision under subsection 2 , if there is reason to believe that serving the measures named in subsection 1 will not lead to the desired result. In the case of subsection 2 2 nd sentence above the court shall carry out a review before the measure is implemented within regular intervals of no more thanone year, whether the conditions for a decision under subsection 3 2nd sentence above are met. Section 67b Immediate order for suspended measure. A suspension shall not be ordered if the person is to serve a sentence of imprisonment imposed at the same time as the measure and which has not been suspended.

Section 67c Deferred start date of detention. The review under the 1 st sentence No 1 above is not required if the detention for purposes of incapacitation was ordered by the trial court at first instance less than one year before the end of the term of the prison sentence. Time spent by the convicted person in detention by order of a public authority shall not be credited to the period. The court shall order its enforcement if the purpose of the measure still so requires. If the purpose of the measure has not been achieved, yet special circumstances justify the expectation that it may be achieved by a suspension order, the court shall suspend the measure for an operational probationary period; the order for suspension shall automatically lead to the person being subjected to supervision.

If the purpose of the measure has been achieved, the court shall declare it terminated. Section 67d Duration of detention. This term shall run from the commencement of the detention. If a custodial measure is enforced before a sentence of imprisonment imposed at the same time, the maximum period shall be extended by the length of the term of imprisonment to the extent the time spent in the measure is credited towards the sentence.

The order for suspension shall automatically lead to the person being subjected to supervision. The same shall apply mutatis mutandis if the court, after enforcement of the incapacitation order has begun, finds that its further enforcement would be disproportionate, because the detainee was not offered sufficient care within the meaning of section 66c 1 No 1 before a period set by the court not exceeding six months has elapsed; such a period shall be set by the court when reviewing the suspension of the enforcement, unless sufficient care is offered, indicating the measures to be offered.

The suspension under the 1 st or 2 nd sentences shall automatically lead to the person being subject to supervision. The order for release shall automatically lead to the person being subject to supervision. The measure shall thereby be terminated. The release shall automatically lead to the person being subject to supervision. The release shall automatically lead to the person being subjected to supervision. The court shall waive supervision if it can be expected that the person will not commit any further offences without it.

It must perform the review within specified periods. It may also set dates within the statutory limits for review before the expiration of which an application for review shall be inadmissible.

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If the court denies suspension or termination the period shall commence anew with that decision. Section 67f Multiple orders. If the court makes a custodial addiction treatment order any previous such order shall be deemed to be terminated. Section 67g Revocation of suspended measure. The 1st sentence above shall apply mutatis mutandis if the reason for revocation arose between the decision on suspension and the start of the supervision section 68c 4. Section 67h Limited order for measure taking effect; crisis intervention. Under the conditions of the 1st sentence above it may order the renewal of the measure or extend its duration; the maximum duration of the measure must not exceed a total of six months.

Section 67g shall apply mutatis mutandis. Section 68 Conditions of supervision.


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  6. Section 68a Supervising authority, probation support, forensic ambulance service. Subsections 3 and 6 above on the position of the probation officer above shall apply mutatis mutandis to the forensic ambulance service. Moreover, the staff of the forensic ambulance service mentioned in section 1 Nos 1, 2 and 5 shall disclose such secrets to the supervising authority and the court, if in their opinion.

    In cases under the 1st sentence and the 2nd sentence Nos 2 and 3 of this subsection, information within the meaning of section 1 disclosed by staff of the forensic ambulance service may only be used for the purposes mentioned therein. The court shall indicate the prohibited or required conduct as precisely as possible in its directions.

    A direction under the 1 st sentence No 12 above shall be inadmissible, unless. The requirements of the 3 rd sentence No 1 in conjunction with No 2 above are met irrespective of whether the supervision under section 68e 1 1 st sentence referred to therein has been terminated. The court may direct the convicted person to undergo psychiatric, psycho—or sociotherapy therapy direction.

    Section 56c 3 shall apply mutatis mutandis, also for the direction to undergo invasive alcohol or drug tests. The court may reduce the maximum duration. If the convicted person subsequently consents, the court shall fix the further duration of the supervision.

    Section 68e 3 shall apply. For th termination of the supervision section 68b 1 4 th sentence shall apply mutatis mutandis. Any time during which the person was a fugitive, was hiding, or was kept in detention by order of a public authority shall not be credited against its duration. Section 68d Subsequent decisions; review period. Section 67e 3 and 4 shall apply mutatis mutanids. Section 68e Termination or stay of supervision. In all other cases the supervision shall be stayed for the time a person serves a sentence of imprisonment or a custodial measure. The court vacates any supervision triggered by the suspension of a custodial measure if it is no longer necessary in light of the existence of a circumstance mentioned in the 1 st sentence Nos 1 — 3 above.

    If a new supervision is added to an already existing indeterminate supervision or in the case of a suspension of a custodial measure, the court shall vacate the new measure if it is not necessary in view of the existing one. The termination must not be ordered before the expiry of the statutory minimum period. The court may set periods not exceeding six months before the expiry of which an application for termination of supervision is inadmissible.

    If the court denies the termination of supervision, it shall review the case before the expiry of a further two years. Section 68f Supervision after serving full sentence. This shall not apply if a custodial measure of rehabilitation and incapacitation is enforced immediately afterwards. Section 68g Supervision coinciding with suspended sentence, conditional early release or suspended professional disqualification order. Supervision shall not cease before the expiry of any operational period. In this case the operational period shall not be credited towards the period of supervision.

    Section 69 Disqualification order. A further examination pursuant to section 62 shall not be required. A driving licence issued by a German public authority shall be subject to a deprivation order in the judgment. Section 69a Order for period before new licence may be issued. The court may order a permanent ban if there is reason to believe that the statutory maximum period will not suffice to avert the danger posed by the offender. If the offender has no driving licence only a ban shall be imposed. In no case shall the ban be less than three months. The time of a provisional deprivation ordered because of the offence shall be credited towards the period of the ban to the extent it has run following the date on which the judgment in those proceedings in which the factual findings underlying the measure could last have been examined was pronounced.

    This termination may not be ordered unless the ban has been in effect for three months, or a year in cases pursuant to subsection 3 above; subsection 5 2nd sentence and subsection 6 above shall apply mutatis mutandis. Section 69b Effect of disqualification in case of foreign licence.

    The right to drive motor-vehicles in Germany ceases when the decision becomes final. For the duration of the ban neither a German licence may be issued nor the right to make use of the foreign licence be reinstated. In all other cases the loss of the right to drive and the ban shall be endorsed on the foreign driving licences. Section 70 Order for professional disqualification. The disqualification order may be made in permanence if there is reason to believe that the statutory maximum period will not suffice to avert the danger posed by the offender.

    In no case may it be less than three months. Any period of a provisional disqualification imposed because of the act shall be credited to the disqualification period to the extent it has run following the date on which the judgment in those proceedings in which the factual findings underlying the measure could last have been examined was pronounced.

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    Any period during which the offender was kept in detention by order of a public authority shall not be so credited. Section 70a Order suspending professional disqualification. Any time of a provisional disqualification shall be credited to the period of disqualification under section 70 4 2nd sentence. The operational period shall be extended by any time during which a sentence of imprisonment or a custodial measure, which was imposed on or ordered against the convicted person because of the offence, was served.

    Section 70b Revocation of order. Section 71 Independent orders. Section 72 Orders for joint measures. Priority among a number of suitable measures shall be given to those which pose the least burden on the offender. Before any measure has been fully served the court shall order the enforcement of the next if its purpose still requires detention. Section 67c 2 4th and 5th sentences shall apply mutatis mutandis. Section 73 Conditions of confiscation. This shall not apply to the extent that the act has given rise to a claim of the victim the satisfaction of which would deprive the principal or secondary participant of the value of what has been obtained.

    It may also extend to objects which the principal or secondary participant has acquired by way of sale of the acquired object, as a replacement for its destruction, damage to or forcible loss of it or on the basis of a surrogate right. Section 73a Confiscation of monetary value. To the extent that the confiscation of a particular object is impossible due to the nature of what was obtained or for some other reason or because confiscation of a surrogate object pursuant to section 73 2 2nd sentence has not been ordered, the court shall order the confiscation of a sum of money which corresponds to the value of what was obtained.

    The court shall also make such an order in addition to the confiscation of an object to the extent that its value falls short of the value of what was originally obtained. Section 73b Assessment of value. Section 73d Extended confiscation. The 1st sentence shall also apply if the principal or secondary participant does not own or have a right to the object merely because he acquired the object as a result of an unlawful act or for the purpose of committing it.

    Section 73 2 shall apply mutatis mutandis. Section 73e Effect of confiscation. The rights of third parties in the object remain unaffected. Section 74 Conditions of deprivation.

    Section 74a Extended conditions of deprivation. If the law refers to this provision, objects may be subject to a deprivation order as an exception to section 74 2 No 1 if at the time of the decision the person who owns or has a right to them. Section 74b Principle of proportionality. Particular consideration shall be given to instructions. If the instructions are carried out the deferment order shall be rescinded; otherwise the court shall subsequently order the deprivation. Section 74c Deprivation of monetary value. Section 74d Deprivation and destruction of publication media.

    At the same time the equipment used for or intended for the production of the written material, such as plates, frames, type, blocks, negatives or stencils, shall be destroyed. Deprivation and destruction shall not be ordered unless. Section 74e Effect of deprivation. The court shall order the cessation of these rights if it bases the deprivation on the fact that the conditions of section 74 2 No 2 are met. It may also order the cessation of the rights of a third party if no compensation is due to him pursuant to section 74f 2 Nos 1 or 2.

    Section 75 Special provision for organs and representatives. Section 14 3 shall apply mutatis mutandis. Section 76 Subsequent orders for confiscation or deprivation of monetary value. If an order for confiscation or deprivation of an object is not enforceable or inadequate because after making it one of the conditions indicated in section 73a, section 73d 2 , or section 74c has arisen or come to its attention, the court may subsequently order the confiscation or deprivation of the monetary value.

    Section 76a Independent orders. Deprivation or destruction must not be ordered in the absence of a request or authorisation to prosecute or a request by a foreign state. Section 77 Locus standi for request. If the victim leaves neither a spouse, same sex partner nor children or if they have died before the expiry of the time limit for filing the request, the right to file the request passes to his parents and, if they have died before the expiry of the time limit for filing the request, to his siblings and grandchildren.

    If a relative has participated in the offence or his quality as a relative of the victim has ceased, he is excluded from the list of those to whom the right to file the request may pass. The right to file the request does not pass if a prosecution were to contravene the professed will of the victim. Section 77a Request by a superior. In the case of soldiers the superior in the public service shall be the disciplinary superior officer. If the public official or the entrusted person is the head of this public authority, the state supervisory authority is entitled to file the request.

    If the end of the period falls on a Sunday, a general holiday or a Saturday, then the period shall end with the expiry of the next working day. If the prosecution of the offence is also dependent on a decision as to the nullity or dissolution of a marriage, the period shall not begin before the expiry of the day on which the entitled person acquires knowledge that the decision is final. For a request by the statutory representative or the person responsible for the care of the person, their own knowledge is dispositive. Section 77c Offences committed mutually. He may file a request notwithstanding that for him the period for filing it may have expired.

    Section 77d Withdrawal of request. The withdrawal must be declared before the final conclusion of the proceedings. A withdrawn request cannot be filed afresh. Several relatives of equal precedence may only exercise the right jointly. A relative who participated in the offence may not withdraw the complaint. Section 77e Authorisation; request by a foreign state. If the offence may only be prosecuted upon authorisation or upon a request to prosecute by a foreign state, section 77 and section 77d shall apply mutatis mutandis.

    Section 78 Limitation period. Section 76a 2 1st sentence No 1 remains unaffected. The limitation period shall commence to run as soon as the offence is completed. If a result constituting an element of the offence occurs later, the limitation period shall commence to run from that time. Section 78b Stay of limitation. If the date of the service of the request upon the foreign state cannot be ascertained, the request shall be deemed to have been served one month after having been sent to the foreign state unless the requesting authority acquires knowledge of the fact that the request was in fact not served on the foreign state or only later.

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    The 1st sentence of this subsection shall not apply to requests for surrender for which, in the requested state, a limitation period similar to section 83c of the Law on International Assistance in Criminal Matters exists, either based on the Framework Decision of the Council of 13 June on the European Arrest Warrant and the surrender agreements between the member states OJ L , In separate proceedings for measures of rehabilitation and incapacitation and in an independent proceeding for deprivation or confiscation, the limitation period shall be interrupted by acts in these proceedings corresponding to those in the 1st sentence of this subsection.

    If the document is not immediately processed after signing the time it is actually submitted for processing shall be dispositive. The prosecution shall be barred by limitation once twice the statutory limitation period has elapsed since the time indicated in section 78a, or three years if the limitation period is shorter than three years. Section 78b shall remain unaffected. Section 79 Limitation period. The limitation period shall be. A simultaneous incapacitation order shall not prevent the course of the limitation period for the enforcement of penalties or other measures.

    Section 79a Stay of limitation. The court may, upon application of the enforcing authority, once prolong the period of limitation before its expiry by one half of the statutory limitation period if the convicted person resides in a territory from which his extradition or surrender cannot be achieved.

    Section 80 Preparation of a war of aggression. Whosoever prepares a war of aggression Article 26 1 of the Basic Law in which the Federal Republic of Germany is meant to participate and creates a danger of war for the Federal Republic of Germany, shall be liable to imprisonment for life or for not less than ten years.

    Section 80a Incitement to a war of aggression. Whosoever publicly incites to a war of aggression section 80 in a meeting or through the dissemination of written materials section 11 3 within the Federal Republic of Germany shall be liable to imprisonment from three months to five years. Section 81 High treason against the Federation. Section 82 High treason against a member state. Section 83 Preparation of an enterprise directed at high treason. Section 83a Preventing completion of offence.

    Section 84 Continuation of a political party declared unconstitutional. The attempt shall be punishable. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in the 1st sentence of this subsection. Section 85 Violation of a ban on forming an association. Section 86 Dissemination of propaganda material of unconstitutional organisations. Section 86a Using symbols of unconstitutional organisations.

    Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them. Section 87 Acting as a secret agent with the aim of sabotage. Section 88 Sabotage against the constitution. Section 89 Exerting anti-constitutional influence on the Armed Forces and public security forces. Section 89a Preparation of a serious violent offence endangering the state. A serious violent offence endangering the state shall mean an offence against life under sections or or against personal freedom under sections a or b, which under the circumstances is intended to impair and capable of impairing the existence or security of a state or of an international organisation, or to abolish, rob of legal effect or undermine constitutional principles of the Federal Republic of Germany.

    If the preparation occurs outside the territory of the member states of the European Union, the aforesaid shall apply only if the preparation is performed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany or if the serious violent offence endangering the state so prepared is meant to be committed within the territory of the Federal Republic of Germany or against a German citizen.

    If the preparation occurred on the territory of another member state of the European Union, the prosecution shall require the authorisation by the Federal Ministry of Justice if the preparation was neither performed by a German citizen nor the serious violent offence endangering the state so prepared to be committed within the territory of the Federal Republic of Germany or by or against a German citizen.

    If the danger is averted or substantially reduced regardless of the contribution of the offender or the completion of the serious violent offence endangering the state prevented, his voluntary and earnest efforts to achieve that object shall suffice. Section 89b Establishing contacts for the purpose of committing a serious violent offence endangering the state. Outside the territory of the member states of the European Union this shall apply only if the act of establishing or maintaining contact is committed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany.

    Section 90 Defamation of the President of the Federation. Section 90a Defamation of the state and its symbols. Section 90b Anti-constitutional defamation of constitutional organs. Section 91 Encouraging the commission of a serious violent offence endangering the state. Section 91a Jurisdiction ratione loci. Sections 84, 85 and 87 shall only apply to offences based on acts committed within the territory of the Federal Republic of Germany.

    Section 92 Definition of terms. Section 92a Ancillary measures. Section 93 Definition of state secret. An especially serious case will typically occur if the offender. Section 95 Disclosure of state secrets with intent to cause damage. Section 94 2 shall apply. Section 96 Treasonous espionage; spying on state secrets. Section 97 Disclosure of state secrets and negligently causing danger. Section 97a Disclosure of illegal secrets.

    Whosoever communicates a secret, which is not a state secret because of one of the violations indicated in section 93 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 if he had committed treason section Section 96 1 , in conjunction with section 94 1 No 1 shall apply mutatis mutandis to secrets of the kind indicated in the 1st sentence above.

    Section 97b Disclosure based on mistaken assumption that secret is illegal. The act is typically not an appropriate means if the offender did not previously seek a remedy from a member of the Federal Parliament. This shall apply mutatis mutandis to persons entrusted with special public service functions and to persons under a duty within the meaning of section b 2.

    Section 98 Treasonous activity as an agent. In especially serious cases the penalty shall be imprisonment from one to ten years; section 94 2 2 nd sentence No 1 shall apply mutatis mutandis. If the offender in cases under subsection 2 1st sentence above has been forced into the activity by the foreign power or its intermediaries, he shall not be liable under this provision if he voluntarily gives up his activity and discloses his knowledge to a government authority without unnecessary delay.

    Section 99 Working as an agent for an intelligence service. An especially serious case typically occurs if the offender communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he. Section Engaging in relations that endanger peace. An especially serious case typically occurs if the offender through the offence creates a serious danger to the continued existence of the Federal Republic of Germany. Section a Treasonous forgery. An especially serious case typically occurs if the offender creates an especially serious prejudice to the external security of the Federal Republic of Germany or to her relations with a foreign power.

    Section Ancillary measures. In addition to a sentence of imprisonment of at least six months for an intentional offence under this chapter, the court may order the loss of the ability to hold public office, to vote and be elected in public elections section 45 2 and 5. Objects of the kind indicated in the 1st sentence No 2 above shall be subject to a deprivation order even if the conditions of section 74 2 are not met if this is necessary 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 offender acted without guilt.

    Section Attacks against organs and representatives of foreign states. Section Defamation of organs and representatives of foreign states. An application for publication of the conviction may also be filed by the prosecution service. Section Violation of flags and state symbols of foreign states. Section a Conditions for prosecution. Offences under this chapter 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 offence, a request to prosecute by the foreign government exists, and the Federal Government authorises the prosecution.

    Section Blackmailing constitutional organs. Section Blackmailing the President of the Federation and members of constitutional organs. Section a repealed. Section b Disrupting the work of a legislative body. Section Disruption of election process. Section a Falsification of election results. Section b Falsification of election documents.

    Section c Violation of secrecy of elections. Whosoever contravenes a provision which serves to protect the secrecy of elections with the intention of obtaining for himself or another knowledge as to how a person voted, shall be liable to imprisonment not exceeding two years or a fine. Section Blackmailing voters.

    Section a Deceiving voters. Section b Bribing voters. Section c Ancillary measures. In addition to a sentence of imprisonment of at least six months for an offence pursuant to section , section a, section or section b the court may order the loss of the ability to hold public office, to vote and be elected in public elections section 45 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 member states, 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 referendum shall be equivalent to an election or ballot. Section e Bribing delegates. Section Avoiding draft by mutilation. Section a Avoiding draft by deception. Section b and section c repealed. Section d Disruptive propaganda against the Armed Forces. Section e Sabotage against means of defence. Section f Intelligence activity endangering national security. Activities meant to inform the public within the framework of normal press or radio reporting shall remain unaffected.

    Section g Taking or drawing pictures etc endangering national security. There shall be no liability if the offender acted under the permission of a competent government agency. Section h Recruiting for foreign armed forces. Section i Ancillary measures. In addition to a sentence of imprisonment of not less than one year for an offence pursuant to section e and section f the court may order the loss of the ability to hold public office, to vote and be elected in public elections section 45 2 and 5.

    Section 74a shall apply. Objects of the type indicated in the 1st sentence No 2 shall be subject to a deprivation order even if the conditions of section 74 2 are not met, if so required by national defence interests; this shall also apply if the offender acted without guilt. Section repealed. Section Public incitement to crime. The penalty must not be more severe than if the incitement had been successful subsection 1 above ; section 49 1 No 2 shall apply.

    Section Resisting enforcement officers. An especially serious case typically occurs if. This shall also apply if the offender mistakenly assumes that the official act is lawful. If the offender 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, the offence shall not be punishable under this provision; if the use of remedies could have been expected the court may mitigate the sentence in its discretion section 49 2 or order a discharge under this provision.

    Section Resisting persons equal to enforcement officers. Sections to repealed. Section Facilitating escape of prisoners. Section Mutiny by prisoners. An especially serious case typically occurs if the principal or another accomplice. Section Aggravated burglary. If a crowd of people publicly gangs up with the intent to join forces to commit acts of violence against persons or objects and unlawfully intrudes into the dwelling, business premises, or other enclosed property of another, or into closed premises designated for public service, anyone taking part in these acts shall be liable to imprisonment not exceeding two years or a fine.

    Section a Aggravated cases of rioting. An especially serious case typically occurs if the offender. Section Breach of the public peace by threatening to commit offences. Section Forming armed groups. Whosoever unlawfully forms or commands a group in possession of weapons or other dangerous instruments or joins such a group, provides it with weapons or money or otherwise supports it, shall be liable to imprisonment not exceeding two years or a fine.

    Section Forming criminal organisations. Section a Forming terrorist organisations. Whosoever recruits members or supporters for a group as described in subsection 1 or subsection 2 above shall be liable to imprisonment from six months to five years. Section b Criminal and terrorist organisations abroad; extended confiscation and deprivation.

    If the offence relates to an organisation outside the member states of the European Union, this shall not apply unless the offence was committed by way of an activity exercised within the Federal Republic of Germany or if the offender or the victim is a German or is found within Germany.

    In cases which fall under the 2nd sentence above the offence shall only be prosecuted on authorisation by the Federal Ministry of Justice. Authorisation may be granted for an individual case or in general for the prosecution of future offences relating to a specific organisation. When deciding whether to give authorisation, the Federal Ministry of Justice shall take into account whether the aims of the organisation are directed against the fundamental values of a state order which respects human dignity or against the peaceful coexistence of nations and which appear reprehensible when weighing all the circumstances of the case.

    Section Incitement to hatred. Section a Attempting to cause the commission of offences by means of publication. Section Dissemination of depictions of violence. Section Arrogation of public office. Whosoever unlawfully 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 liable to imprisonment not exceeding two years or a fine.

    Section a Abuse of titles, professional classifications and symbols. Section Destruction of materials under official safekeeping. Section Defacing official notices. Whosoever knowingly destroys, removes, disfigures, defaces or distorts the meaning of an official document that has been publicly displayed as an announcement shall be liable to imprisonment not exceeding one year or a fine.

    Section Destruction of objects under seizure or seal. This shall also apply if the offender mistakenly assumes that the official act was lawful. Section Omission to bring planned offences to the attention of the authorities. Section b 1 3rd to 5th sentences shall apply mutatis mutandis in the case of No. Section Exceptions to liability. Under the same conditions an attorney, defence counsel, physician, psychotherapist, or child or youth psychotherapist shall not be obliged to report what was confided to them in their professional capacity.

    The professional assistants of those persons named in the 2nd sentence above and those persons who work for them as part of their professional education shall not be obliged to report what they learn in their professional capacity. The name may also refer to the process of retting " rotten " in German flax for linen production. In , the weir system in today's castle garden was constructed by the Count of Comburg-Rothenburg. In , the counts of Comburg-Rothenburg, who also owned the village of Gebsattel, built Rothenburg castle on the mountain top high above the River Tauber.

    The counts of the Comburg-Rothenburg dynasty died out in He held court there and appointed officials called 'reeves' to act as caretakers. In , the city of Rothenburg was founded at the time of the building of Staufer Castle. The centre was the marketplace and St. James' Church in German: the St. Walls and towers were built in the 13th century. From to , the representatives of the Staufer dynasty governed the area around Rothenburg. Around this time, the Order of St.

    John and other orders were founded near St. James' Church and a Dominican nunnery From to , the Staufer Imperial tax statistics recorded the names of the Jews in Rothenburg. His descendants include members of the von Rothenburg family, later the hereditary counts of Rothenburg.

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    The family is survived by its last living descendant, Andrew Sandilands Graf von Rothenburg, 9th Count of Rothenburg born , who resides in the United States. Three famous fairs were established in the city and in the following centuries, the city expanded. The German Order began the building of St.

    James' Church, which the citizens have used since The Staufer Castle was destroyed by an earthquake in , the St. Blaise chapel is the last remnant today. Rather than allow entrance, the town defended itself and intended to withstand a siege. However, Tilly's troops quickly defeated Rothenburg, losing only soldiers. Tilly proclaimed that if anyone could drink it all in one drink, he would spare the city. The mayor at the time, Georg Nusch , succeeded, and General Tilly kept his word. However, after the winter, they left the town poor and nearly empty, and in a bubonic plague outbreak killed many more townsfolk.

    Without any money or power, Rothenburg stopped growing, thus preserving its 17th-century state. Since , the town has been a part of Bavaria. The famous German landscape painter Eugen Bracht visited Rothenburg in ; although he stayed only two days, he was clearly impressed. Laws were created to prevent major changes to the town. Rothenburg held a special significance for Nazi ideologists.

    For them, it was the epitome of the German 'Home Town', representing all that was quintessentially German. This initiative was staunchly supported by Rothenburg's citizenry — many of whom were sympathetic to National Socialism — both for its perceived economic benefits and because Rothenburg was hailed as "the most German of German towns". In October , Rothenburg expelled its Jewish citizens, much to the approval of Nazis and their supporters across Germany.

    The creation of an ideal Nazi community reminded the peoples of Germany of the way the Nazis wanted them to live as a family and as a community; Rothenburg simply exemplified this Nazi ideology as an idealised family life. Additionally, other German towns followed the 'example' set by Rothenburg for the Nazis, this began a trend of Nazi German Nationalism which led to the creation of an "ideal" Nazi community in Rothenburg.

    This then grew to reveal the ideal Nazi family, as illustrated in propaganda of the time. This ideal lifestyle was taken further when an approved upbringing for the sons of Nazi Germany was introduced, first growing up in a Nazi or Hitler Youth organization, then protecting the ideals of both Nazi Germany and the Fuhrer Adolf Hitler as a civilian or as military personnel, thus forming the core idea of Nazi patriotism, protecting their own beliefs. In many ways, Rothenburg demonstrated key elements of Nazi ideology and epitomised their desire to expand National Socialist thinking throughout Germany and in all areas with German-speaking people across Europe.

    The U. Assistant Secretary of War , John J. Devers not to use artillery in taking Rothenburg. Battalion commander Frank Burke , a future Medal of Honor winner, ordered six soldiers of the 12th Infantry Regiment , 4th Division to march into Rothenburg on a three-hour mission and negotiate the surrender of the town. First Lieutenant Noble V. We bring you his offer to spare the city of Rothenburg from shelling and bombing if you agree not to defend it.

    We have been given three hours to get this message to you. After the war, the residents of the city quickly repaired the bombing damage. Donations for the rebuilding were received from all over the world. The rebuilt walls feature commemorative bricks with donor names.

    Traffic-reducing measures were put in place in a significant portion of Rothenburg to increase safety and accommodate tourism. The Rathaus town hall is a notable renaissance building. The rear Gothic part of the building dates from , and the attached front Renaissance building was started in