'National penalties - aggression' in document 'Germany - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.