GENERAL PART

CHAPTER THREE
SANCTIONS

FIRST TITLE
PENALTIES

—Imprisonment—

Section 38
Term of imprisonment

(2) The maximum term of fixed-term imprisonment shall be fifteen years, the minimum term one month.

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.

SPECIAL PART

CHAPTER NINE
FALSE TESTIMONY AND PERJURY

Section 153
False testimony

Whosoever as a witness or expert gives false unsworn testimony before a court or other authority competent to examine witnesses and experts under oath shall be liable to imprisonment from three months to five years.

Section 154
Perjury

(1) Whosoever falsely takes an oath before a court or another authority competent to administer oaths, shall be liable to imprisonment of not less than one year.

(2) In less serious cases the penalty shall be imprisonment from six months to five years.

Section 155
Affirmations equivalent to oath

The following shall be equivalent to an oath :

1. the affirmation in lieu of oath ;
2. any invocation of a previous oath or affirmation in lieu of oath.

Section 156
False sworn affidavits

Whosoever before a public authority competent to administer sworn affidavits, falsely makes such an affidavit or falsely testifies while referring to such an affidavit shall be liable to imprisonment not exceeding three years or a fine.

Section 157
Duress

(1) If a witness or an expert has perjured himself or given false unsworn testimony, the court in its discretion may mitigate the sentence (section 49(2)) or in the case of unsworn testimony order a discharge, if the offender told a lie in order to avert from a relative or himself a danger of being punished or subjected to a custodial measure of rehabilitation and incapacitation.

(2) The court in its discretion may also mitigate the sentence (section 49(2)) or order a discharge if a person not yet competent to take an oath has given false unsworn testimony.

Section 158
Correction of false testimony

(1) The court in its discretion may mitigate the sentence (section 49(2)) for perjury,false sworn affidavit or false unsworn testimony or order a discharge if the offender corrects his false testimony in time.

(2) The correction is no longer in time if it can no longer be used in reaching the decision, if detriment to another has been caused by the offence, or if a complaint has already been laid against the offender or an investigation been initiated.

(3) The correction may be made to the authority before whom the false testimony was given or by whom it is to be evaluated in the proceedings, to a court, a public prosecutor or a police authority.

SPECIAL PART

CHAPTER NINE
FALSE TESTIMONY AND PERJURY

Section 159
Attempt to abet false testimony

Section 30(1), section 31(1) No 1 shall apply mutatis mutandis to an attempt to abet false unsworn testimony (section 153) and a false sworn affidavit (section 156).

Section 160
Procuring false testimony

(1) Whosoever procures another to take a false oath shall be liable to imprisonment not exceeding two years or a fine; whosoever procures another to make a false sworn affidavit or give false unsworn testimony shall be liable to imprisonment not exceeding six months or a fine not exceeding one hundred and eighty daily units.

(2) The attempt shall be punishable.

SPECIAL PART

CHAPTER TWENTY-THREE
FORGERY

Section 267
Forgery

(1) Whosoever for the purpose of deception in legal commerce produces a counterfeit document, falsifies a genuine document or uses a counterfeit or a falsified document, shall be liable to imprisonment not exceeding five years or a fine.

(2) The attempt shall be punishable.

(3) In especially serious cases the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender

1. acts on a commercial basis or as a member of a gang whose purpose is the continued commission of fraud or forgery ;
2. causes major financial loss ;
3. substantially endangers the security of legal commerce through a large number of counterfeit or falsified documents ; or
4. abuses his powers or his position as a public official.

(4) Whosoever commits forgery on a commercial basis as a member of a gang whose purpose is the continued commission of offences under sections 263 to 264 or sections 267 to 269 shall be liable to imprisonment from one to ten years, in less serious cases to imprisonment from six months to five years.

SPECIAL PART

CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE

Section 331
Taking bribes

(2) A judge or arbitrator who demands, allows himself to be promised or accepts a benefit for himself or a third person in return for the fact that he performed or will in the future perform a judicial act shall be liable to imprisonment not exceeding five years or a fine. The attempt shall be punishable.

(3) The offence shall not be punishable under subsection (1) above if the offender allows himself to be promised or accepts a benefit which he did not demand and the competent public authority, within the scope of its powers, either previously authorises the acceptance or the offender promptly makes a report to it and it authorises the acceptance.

SPECIAL PART

CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE

Section 332
Taking bribes meant as an incentive to violating one’s official duties

(2) A judge or an arbitrator, who demands, allows himself to be promised or accepts a benefit for himself or for a third person in return for the fact that he performed or will in the future perform a judicial act and thereby violated or will violate his judicial duties shall be liable to imprisonment from one to ten years. In less serious cases the penalty shall be imprisonment from six months to five years.

(3) If the offender demands, allows himself to be promised or accepts a benefit in return for a future act, subsections (1) and (2) above shall apply even if he has merely indicated to the other his willingness to

1. violate his duties by the act ; or
2. to the extent the act is within his discretion, to allow himself to be influenced by the benefit in the exercise of his discretion.

SPECIAL PART

CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE

Section 333
Giving bribes

(2) Whosoever offers promises or grants a benefit to a judge or an arbitrator for that person or a third person in return for the fact that he performed or will in the future perform a judicial act shall be liable to imprisonment not exceeding five years or a fine.

(3) The offence shall not be punishable under subsection (1) above if the competent public authority, within the scope of its powers, either previously authorises the acceptance of the benefit by the recipient or authorises it upon prompt report by the recipient.

SPECIAL PART

CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE

Section 334
Giving bribes as an incentive to the recipient’s violating his official duties

(2) Whosoever offers, promises or grants a benefit to a judge or an arbitrator for that person or a third person, in return for the fact that he

1. performed a judicial act and thereby violated his judicial duties ; or
2. will in the future perform a judicial act and will thereby violate his judicial duties,
shall be liable in cases under No 1 above to imprisonment from three months to five years, in cases under No 2 above to imprisonment from six months to five years. The attempt shall be punishable.

(3) If the offender offers, promises or grants the benefit in return for a future act, then subsections (1) and (2) above shall apply even if he merely attempts to induce the other to

1. violate his duties by the act ; or
2. to the extent the act is within his discretion, to allow himself to be influenced by the benefit in the exercise of his discretion.

SPECIAL PART

CHAPTER THIRTY
OFFENCES COMMITTED IN PUBLIC OFFICE

Section 339
Perverting the course of justice

A judge, another public official or an arbitrator who in conducting or deciding a legal matter perverts the course of justice for the benefit or to the detriment of a party shall be liable to imprisonment from one to five years.