'Jurisdiction' in document 'Germany - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 3

Offences committed on the territory of the Federal Republic of Germany German criminal law shall apply to acts committed on German territory.

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 ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 5
Offences committed abroad against domestic legal interests

10. false testimony, perjury and false sworn affidavits (Sections 153 to 156) in proceedings pending before a court or another German authority within the territory of the Federal Republic of Germany that has the authority to administer oaths or affirmations in lieu of oath ;

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 5
Offences committed abroad against domestic legal interests

12. offences committed by a German public official or a person entrusted with special public service functions during their official stay or in connection with their official duties ;

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 5
Offences committed abroad against domestic legal interests

12. offences committed by a German public official or a person entrusted with special public service functions during their official stay or in connection with their official duties ;

13. acts committed by a foreigner as a public official or as a person entrusted with special public service functions ;

14. acts committed against public officials, persons entrusted with special public service functions, or soldiers in the Armed Forces during the discharge of their duties or in connection with their duties ;

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 6
Offences committed abroad against internationally protected legal interests

German criminal law shall further apply, regardless of the law of the locality where they are committed, to the following offences committed abroad :

1. (repealed) ;
2. offences involving nuclear energy, explosives and radiation under section 307 and section 308(1) to (4), section 309(2) and section 310 ;
3. attacks on air and maritime traffic (section 316c) ;
4. human trafficking for the purpose of sexual exploitation, for the purpose of work exploitation and assisting human trafficking (Sections 232 to 233a) ;
5. unlawful drug dealing ;
6. distribution of pornography under sections 184a, 184b (1) to (3) and section 184c (1) to (3), also in conjunction with section 184d, 1st sentence ;
7. counterfeiting money and securities (section 146, section 151 and section 152), credit cards etc and blank eurocheque forms (section 152b(1) to (4)) as well as the relevant preparatory acts (Sections 149, 151, 152 and 152b(5)) ;
8. subsidy fraud (section 264) ;
9. offences which on the basis of an international agreement binding on the Federal Republic of Germany must be prosecuted even though committed abroad.

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 7
Offences committed abroad—other cases

(1) German criminal law shall apply to offences committed abroad against a German, if the act is a criminal offence at the locality of its commission or if that locality is not subject to any criminal jurisdiction.

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 7
Offences committed abroad—other cases

(2) German criminal law shall apply to other offences committed abroad if the act is a criminal offence at the locality of its commission or if that locality is not subject to any criminal law jurisdiction, and if the offender :

1. was German at the time of the offence or became German after the commission ; or
2. was a foreigner at the time of the offence, is discovered in Germany and, although the Extradition Act would permit extradition for such an offence, is not extradited because a request for extradition within a reasonable period of time is not made, is rejected, or the extradition is not feasible.

SPECIAL PART

CHAPTER TWO
TREASON AND ENDANGERING EXTERNAL NATIONAL SECURITY

Section 100
Engaging in relations that endanger peace

(1) Whosoever as a German, who has his residence in the Federal Republic of Germany, and with the intent of starting a war or armed attack against the Federal Republic of Germany, establishes or maintains relationships with a government, organisation or institution outside the Federal Republic of Germany or one of its intermediaries, shall be liable to imprisonment of not less than one year.

(2) In especially serious cases the penalty shall be imprisonment for life or not less than five years. 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.

(3) In less serious cases the penalty shall be imprisonment from one to five years.