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The Strafgesetzbuch is the name of the German, Swiss, Liechtenstein and Austrian criminal law. It is often abbreviated to StGB. This article focuses on the German code.

German StGB

History

The German Strafgesetzbuch goes back to the Strafgesetzbuch of the German Empire passed in the year 1871 which was mostly identical to the StGB of the North German Confederation.

This Reichsstrafgesetzbuch (Imperial Criminal Law) was changed very many times in the following decades as the legislature had to react not only to changing moral concepts and constitutional provision granted by the Grundgesetz, but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage.

The StGB serves as a codification of criminal law, i.e. although there are various provisions affecting criminal law, such as definitions of crimes and law enforcement, in other acts, the StGB is the central legal text and constitutes the foundation of Germany's criminal law.

As a direct result of the Third Reich the Strafgesetzbuch contains sections that prohibit

Friedensverrat ("treason to peace"): Preparation of a war of aggression (§ 80) and incitement to a war of aggression (§ 80a)
dissemination of means of propaganda of unconstitutional organizations (§86)
use of symbols of unconstitutional organizations (§86a)
incitement to hatred against segments of the population (Volksverhetzung) (§130)

Since 2002, it is possible for German prosecutors to prosecute crimes against humanity, war crimes and genocide internationally under the Völkerstrafgesetzbuch ("international criminal code").

Structure

The StGB is divided into two main parts:

General Part ("Allgemeiner Teil"): in which general issues are arranged, for example:

Area of the law's validity
Law-related definitions
Capacity to be adjudged guilty
Perpetration and incitement or accessoryship
Necessary Defence
General provisions for punishments (fines and imprisonment)
Statutes of limitations
Attempts

Special Part ("Besonderer Teil"): in which the different criminal offences and their definitions and punishments are listed, for example:

Crimes against the democratic rule of law
Crimes against public order
Crimes against the person of a sexual nature
Crimes against life
Crimes against another person's wealth (for example robbery and theft)

Notable sections

These sections differ significantly from the laws of other countries, and/or are relevant for topics discussed in other articles.

§ 86a: Use of symbols of unconstitutional organisations

Outlaws the distribution or public use of symbols of unconstitutional groups, in particular, flags, insignia, uniforms, slogans and forms of greeting.[1]

This section has been the basis for the confiscation of video games like Wolfenstein 3D or Mortyr.

§ 130: Sedition

Paragraph 3 of this act outlaws the denying of the genocide committed under the rule of National Socialism (1933 - 1945). Paragraph 4 forbids to glorify or approve the reign of the Nazis.

§ 131: Representation of violence

Outlaws the dissemination or public display of media "which describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which injures human dignity".^[1]

This section has been the basis for the confiscation of several horror movies and a few video game(s) (series') like Mortal Kombat or Manhunt.

§ 140: Rewarding and approving crimes

Outlaws rewarding or approving of crimes "publicly, in a meeting or through dissemination of writings […], and in a manner that is capable of disturbing the public peace".^[2] This only applies to crimes where failure to report is an offense (§ 138), among them preparation of a war of aggression (§ 80), murder, robbery, treason, and counterfeiting money.

This section formed the grounds for the lawsuit against Holger Voss.

§ 175: Homosexual acts between men

This section, which was in force in some form or other from 1871 to 1994 (attenuated in 1969), criminalized sexual acts between males under circumstances that varied as the law was modified over the years. Until 1969 it also criminalized sexual acts between humans and animals.

§ 202c: Preparation of Data Espionage or Data Interception

Highly controversial, it outlaws the preparation of an act of data espionage (§ 202a) or data interception (§ 202b) by making, obtaining, selling, distributing (or otherwise committing or making accessible to others) 1.) passwords or security codes to access data, or 2.) computer programs, whose purpose is to commit such an act.

As the definition of a "program with the purpose of committing data espionage or data interception" is quite vague, there is a lot of debate how this new prohibition is to be handled in court, since software essential to system or network security might been seen falling under this act as well. Too extensive an interpretation will surely collide with the freedom of exercise of occupation as well as the right to property, Articles 12 and 14 of the Basic Law.

References

^ StGB §131
^ StGB §140

External links

Full law texts

Special topics

Template:De icon List of slogans, greetings and songs in violation of § 86a

[1] StGB §131

[2] StGB §140

[1]

[2]

@@ Line 71: / Line 71: @@
 .) computer programs, whose purpose is to commit such an act.
-As the definition of a "program with the purpose of committing data espionage or data interception" is quite vague, there is a lot of debate how this new prohibition is to be handled in court, since software essential to system or network security might been seen falling under this act as well. Too extensive an interpretation will surely collide with the freedom of exercise of occupation as well as the guaranty of property, Articles 12 and 14 of the Basic Law.
+As the definition of a "program with the purpose of committing data espionage or data interception" is quite vague, there is a lot of debate how this new prohibition is to be handled in court, since software essential to system or network security might been seen falling under this act as well. Too extensive an interpretation will surely collide with the freedom of exercise of occupation as well as the right to property, Articles 12 and 14 of the Basic Law.
 ==References==