GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 5
Offences committed abroad against domestic legal interests

German criminal law shall apply, regardless of the law applicable in the locality where the act was committed, to the following acts committed abroad :

1. preparation of a war of aggression (section 80) ;

GENERAL PART

CHAPTER TWO
THE OFFENCE

SECOND TITLE
ATTEMPT

Section 23
Liability for attempt

(1) Any attempt to commit a felony entails criminal liability; this applies to attempted misdemeanours only if expressly so provided by law.

(2) An attempt may be punished more leniently than the completed offence (section 49(1)).

(3) If the offender due to gross ignorance fails to realise that the attempt could under no circumstances have led to the completion of the offence due to the nature of its object or the means by which it was to be committed, the court may order a discharge, or mitigate the sentence as it sees fit (section 49(2)).

SPECIAL PART

CHAPTER ONE
CRIMES AGAINST THE PEACE OF NATIONS ; HIGH TREASON ; ENDANGERING THE DEMOCRATIC STATE UNDER THE RULE OF LAW

FIRST TITLE
CRIMES AGAINST THE PEACE OF NATIONS

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.

SPECIAL PART

CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER

Section 126
Breach of the public peace by threatening to commit offences

2. murder under specific aggravating circumstances (section 211), murder (section 212) or genocide (section 6 of the Code of International Criminal Law) or a crime against humanity (section 7 of the Code of International Criminal Law) or a war crime (section 8, section 9, section 10, section11 or section 12 of the Code of International Criminal Law) ;

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

This provision is wider than the ICC Statute.

Section 23 of the StGB provides that attempts to commit less serious criminal offences might be punished only if expressly provided by law. Under Sections 13 and 14 of CCAIL violations of duty of supervision and omission to report a crime are treated as less serious offence and might therefore be affected.