Paragraph Stgb Rechtsprechung zu § 1 StGB
Strafgesetzbuch (StGB). Nichtamtliches Inhaltsverzeichnis. StGB. Ausfertigungsdatum: Vollzitat: "Strafgesetzbuch in der Fassung der. Inhaltsübersicht · Allgemeiner Teil · Erster Abschnitt · Das Strafgesetz · Erster Titel · Geltungsbereich · § 1 Keine Strafe ohne Gesetz · § 2 Zeitliche Geltung. Strafgesetzbuch (StGB) § 1 Keine Strafe ohne Gesetz. Eine Tat kann nur bestraft werden, wenn die Strafbarkeit gesetzlich bestimmt war, bevor die Tat begangen. Strafgesetzbuch (StGB) § Beleidigung. Die Beleidigung wird mit Freiheitsstrafe bis zu einem Jahr oder mit Geldstrafe und, wenn die Beleidigung mittels. Eine Tat kann nur bestraft werden, wenn die Strafbarkeit gesetzlich bestimmt war, bevor die Tat begangen wurde.
Bearbeitet von Rechtsanwalt Haferkamp in Kaarst Liebe Katarina! Du hast mich mit Deiner Schönheit geblendet (Paragraph StGB "Köperverletzung") und. Bereits im Juni bemühte sich die FDP um Entschärfung der Anti-TerrorGesetze und damit auch des Paragraphen 88a StGB Die Freidemokraten. Strafgesetzbuch (StGB). Nichtamtliches Inhaltsverzeichnis. StGB. Ausfertigungsdatum: Vollzitat: "Strafgesetzbuch in der Fassung der.
In addition to paragraph which corresponded to the old paragraph , their proposed reform draft provided for a paragraph to be included.
The plan was that so-called "qualified cases" such as homosexual prostitution , sex with young men under the age of 21, and sexual coercion of a man in a service or work situation would be classified as "severe cases", reclassified as felonies Verbrechen rather than misdemeanors Vergehen.
This act would have pertained not only to homosexual intercourse but also to other homosexual acts such as, for example, mutual masturbation.
Both new paragraphs grounded themselves in protection of public health :. It is to be assumed that it is the German view that sexual relationships between men are an aberration liable to wreck the character and to destroy moral feeling.
Clinging to this aberration leads to the degeneration of the people and to the decay of its strength.
When this draft was discussed in by the judiciary committee of the Reichstag, the Social Democratic Party , the Communist Party , and the left-wing liberal German Democratic Party at first managed to mobilize a majority of 15 to 13 votes against Paragraph This would have constituted legalization of consensual homosexuality between adult men.
In the Nazis strengthened Paragraph by redefining the crime as a felony and thus increasing the maximum penalty from six months' to five years' imprisonment.
Further, they removed the longtime tradition that the law applied only to penetrative intercourse. A criminal offense would now exist if "objectively the general sense of shame was offended" and subjectively "the debauched intention was present to excite sexual desire in one of the two men, or a third".
This aggravation of the severity of Paragraph in increased the number of convictions tenfold, to 8, annually.
So, for example, in the Gestapo received the following anonymous letter:. F as a subtenant, who has remarkable daily visits from young men.
This must not continue. In contradistinction to normal police, the Gestapo were authorized to take gay men into preventive detention Schutzhaft of arbitrary duration without an accusation or even after an acquittal.
This was often the fate of so-called "repeat offenders": at the end of their sentences, they were not freed but sent for additional "re-education" Umerziehung in a concentration camp.
In the Soviet occupation zone that later became East Germany see History of Germany since , the development of law was not uniform.
The Provincial High Court in Halle Oberlandesgericht Halle, or OLG Halle decided for Saxony-Anhalt in that Paragraphs and a were to be seen as injustice perpetrated by the Nazis, because a progressive juridical development had been broken off and even been reversed.
Homosexual acts were to be tried only according to the laws of the Weimar Republic. In , one year after being reconstituted as the German Democratic Republic , the Berlin Appeal Court Kammergericht Berlin decided for all of East Germany to reinstate the validity of the old, pre form of Paragraph In , the same court decided that Paragraph a, in contrast to Paragraph , did not presuppose acts tantamount to sexual intercourse.
Lewdness Unzucht was defined as any act that is performed to arouse sexual excitement and "violates the moral sentiment of our workers".
A revision of the criminal code in made it possible to put aside prosecution of an illegal action that represented no danger to socialist society because of lack of consequence.
This removed Paragraph from the effective body of the law, because at the same time the East Berlin Court of Appeal Kammergericht decided that all punishments deriving from the old form of Paragraph should be suspended due to the insignificance of the acts to which it had been applied.
On this basis, homosexual acts between consenting adults ceased to be punished, beginning in the late s. On July 1, , the GDR adopted its own code of criminal law.
This law applied not only to men who have sex with boys but equally to women who have sex with girls. On August 11, the Supreme Court of the GDR struck down a conviction under Paragraph on the basis that "homosexuality, just like heterosexuality, represents a variant of sexual behavior.
Homosexual people do therefore not stand outside socialist society, and the civil rights are warranted to them exactly as to all other citizens.
The act passed into law May 30, This removed all specific reference to homosexuality from East German criminal law.
After World War II , the victorious Allies demanded the abolition of all laws with specifically National Socialist content; however, they left it to West Germany to decide whether or not the expansion of laws regulating male homosexual relationships falling under Paragraph should be left in place.
On May 10, the Federal Constitutional Court upheld the decision to retain the version, claiming that the paragraph was "not influenced by National Socialist [i.
Between and , about , men were indicted and about 50, men sentenced to prison. The rate of convictions for violation of Paragraph rose by 44 percent, and in the s, the number remained as much as four times higher than it had been in the last years of the Weimar Republic.
A nineteen-year-old jumped off the Goetheturm after having received a summons , another fled to South America, another to Switzerland, a dental technician and his friend poisoned themselves with coal gas.
In total there were six known suicides. Many of the accused lost their jobs. Similar to the thinking during the Nazi Regime, the government argued that there was a difference between a homosexual man and a homosexual woman, and because all men were more aggressive and predatory than women, lesbianism would not be criminalized.
While lesbianism violated nature, it did not present the same threat to society as did male homosexuality. First convening in , the legal experts in the criminal code commission Strafrechtskommission continued to debate the future of Paragraph ; while the constitutional court ruled it was not unconstitutional, this did not mean it should forever remain in force.
It was therefore the commission's job to advise the Ministry of Justice and Chancellor Konrad Adenauer about the new form this law should take.
While they all agreed homosexual activity was immoral, they were divided when it came to whether or not it should be allowed to be practiced between consenting adults in private.
Due to their belief that homosexuals were not born that way, but rather, they fell victim to seduction, the Justice Ministry officials remained concerned that if freed from criminal penalty, adult homosexuals would intensify their "propaganda and activity in public" and put male youth at risk.
Concerning male homosexuality, the legal system must, more than in other areas, erect a bulwark against the spreading of this vice, which otherwise would represent a serious danger for a healthy and natural life of the people.
With new national Bundestag West Germany's parliament elections coming up, the Social Democratic Party was coming into power, first in as part of a broad coalition, and by , with a parliamentary majority.
With the Social Democrats holding the power, they were finally in a position to make key appointments in the Ministry of Justice and start implementing reform.
In addition, demographic anxieties such as fear of declining birth rate no longer controlled the s and homosexual men were no longer seen as a threat for not being able to reproduce.
The role of the state was seen as protecting society from harm, and should only intervene in cases that involved force or the abuse of minors.
With the reform in place, the acceptance of homosexual acts or homosexual identities for West Germans was far from in place.
Most reformers agreed that decriminalizing sexual relations between adult men was not the same as advocating an acceptance of homosexual men.
While the old view of "militarized" masculinity may have phased out, "family-centered" masculinity was now grounded in the traditional male, and being a proper man meant being a proper father, which was believed at the time to be a role a homosexual male could not fulfill.
On November 23, , the social-liberal coalition of the SPD and the Free Democratic Party passed a complete reform of the laws concerning sex and sexuality.
The paragraph was renamed from "Crimes and misdemeanors against morality" into "Offenses against sexual self-determination", and the word Unzucht "lewdness" was replaced by the equivalent of the term "sexual acts".
Paragraph only retained sex with minors as a qualifying attribute; the age of consent was lowered to 18 compared to 14 for heterosexual sex.
In the Green Party and the first openly gay member of the German parliament tried to remove Paragraph together with Paragraph This would have meant a general age of consent of 14 years.
In the course of reconciling the legal codes of the two German states after , the Bundestag had to decide whether Paragraph should be abolished entirely as in the former East Germany or whether the remaining West German form of the law should be extended to what had now become the eastern portion of the Federal Republic.
The right-conservative CSU-politician Norbert Geis called this general amnesty a "dishonor" referring, however, only to the defectors of the Wehrmacht, not to homosexuals.
The issue of pardoning men convicted in the postwar era remained controversial. On May 12, , Federal Minister of Justice , Heiko Maas , announced that Germany was investigating the possibility of pardoning and compensating all gay men convicted under Paragraph Paragraph For the film Paragraph , see Paragraph film.
Main article: Persecution of homosexuals in Nazi Germany. Mancini Magnus Hirschfeld and the Quest for Sexual Freedom.
Lybeck Section 74b Confiscation of dangerous objects. Section 74c Confiscation of value of products of crime, means and resources used, and objects of crime from offenders and participants.
Section 74d Confiscation of material and rendering unusable. Section 74e Special provision applicable to organs and representatives. Section 74f Principle of proportionality.
Section 75 Effects of confiscation. Subsequent order for confiscation of equivalent sum of money. Section 76a Independent confiscation.
Section 76b Limitation on confiscation of proceeds of crime and value of proceeds of crime. Chapter 4 Request to prosecute, authorisation to prosecute, request to prosecute by foreign state.
Section 77 Persons entitled to file request. Section 77a Request by superior. Section 77b Time limit. Section 77c Reciprocal offences.
Section 77d Withdrawal of request. Section 77e Authorisation and request by foreign state. Chapter 5 Limitation period.
Title 1 Limitation on prosecution. Section 78 Limitation period. Section 78a Commencement. Section 78b Stay of limitation.
Section 78c Interruption. Title 2 Limitation on enforcement. Section 79 Limitation period. Section 79a Stay of limitation.
Section 79b Extension. Special Part. Chapter 1 Offences against peace, high treason and endangering democratic state under rule of law. Title 1 Offences against peace.
Section 80 repealed. Section 80a Incitement to crime of aggression. Title 2 High treason. Section 81 High treason against Federation.
Section 82 High treason against Land. Section 83 Preparation of high treasonous undertaking. Title 3 Endangering democratic state under rule of law.
Section 84 Continuation of political party declared unconstitutional. Section 85 Violation of ban on forming organisation. Section 86 Dissemination of propaganda material of unconstitutional organisations.
Section 86a Use of symbols of unconstitutional organisations. Section 87 Acting as secret agent for purposes of sabotage.
Section 88 Anti-constitutional sabotage. Section 89 Anti-constitutional influence on Federal Armed Forces and public security forces.
Section 89a Preparation of serious violent offence endangering state. Section 89b Establishment of relations for purpose of committing serious violent offence endangering state.
Section 89c Financing of terrorism. Section 90 Disparagement of Federal President. Section 90a Disparagement of state and denigration of symbols.
Section 90b Anti-constitutional disparagement of constitutional organs. Section 91 Instructions for committing serious violent offence endangering state.
Section 91a Area of application. Title 4 Common provisions. Section 92 Definitions. Section 92a Incidental legal consequences.
Section 92b Confiscation. Chapter 2 Treason and endangering external security. Section 94 Treason. Section 95 Revealing state secrets.
Section 96 Treasonous espionage; spying out state secrets. Section 97 Divulging state secrets. Section 97a Betrayal of illegal secrets.
Section 97b Betrayal based on mistaken assumption that secret is illegal. Section 98 Treasonous activity as agent.
Section 99 Working as agent for intelligence service. Section Engaging in relations which endanger peace. Section a Treasonous forgery.
Section Incidental legal consequences. Section a Confiscation. Chapter 3 Offences against foreign states. Section Attacks against organs and representatives of foreign states.
Section repealed. Section Desecration of flags and state symbols of foreign states. Section a Requirements for prosecution. Chapter 4 Offences against constitutional organs and in context of elections and ballots.
Section Coercion of constitutional organs. Section Coercion of Federal President and members of constitutional organ. Section a repealed.
Section b Disruption of work of legislative body. Section Disruption of electoral process. Section a Fraud in connection with elections.
Section b Forgery of election documents. Section c Violation of secrecy of ballot. Section Coercion of voters.
Section a Deceiving voters. Section b Bribing voters. Section c Incidental legal consequences. Section d Scope.
Section e Taking of bribes by and giving of bribes to elected officials. Chapter 5 Offences against national defence. Section Avoiding draft by mutilation.
Section a Avoiding draft by deception. Sections b and c repealed. Section d Disruptive propaganda against Federal Armed Forces.
Section e Sabotage against means of defence. Section f Intelligence activity endangering national security.
Section g Images endangering national security. Section h Recruiting for foreign armed forces.
Section i Incidental consequences. Section k Confiscation. Chapter 6 Resistance to state authority. Section Public incitement to commit offences.
Section Resistance to enforcement officers. Section Assault of enforcement officers. Section Resistance to or assault of persons equal to enforcement officers.
Sections to repealed. Section Facilitating escape of prisoners. Section Mutiny by prisoners. Chapter 7 Offences against public order. Section Trespass.
Section Aggravated trespass. Section Breach of peace. Section a Especially serious breach of peace. Section Disturbing public peace by threatening to commit offences.
Section Forming armed groups. Section Forming criminal organisations. Section a Forming terrorist organisations. Section b Foreign criminal and terrorist organisations; confiscation.
Section Incitement of masses. Section a Instructions for committing criminal offences. Section Depictions of violence. Section Fraudulent exercise of public office.
Section a Abuse of titles, professional designations and symbols. Section Destruction of material in official custody. Section Defacing official notices.
Section Destruction of objects under seizure; breach of seal. Section Failure to report planned offences.
Section Exemption from punishment for failure to report planned crimes. Section Rewarding and approval of offences. Section Leaving scene of accident.
Section Misuse of emergency numbers and tampering with means of accident prevention and first aid. Section a Non-compliance with directions during supervision of conduct.
Section b repealed. Section c Violation of disqualification from exercising profession. Section d Misleading authorities about commission of offence.
Chapter 8 Counterfeiting of money and official stamps. Section Counterfeiting of money. Section Putting counterfeit money into circulation.
Section Counterfeiting of official stamps. Section Preparing counterfeiting of money or official stamps. Section Confiscation.
Section Securities. Section Foreign money, stamps and securities. Section a Counterfeiting of payment cards, cheques and promissory notes.
Section b Counterfeiting of guaranteed payment cards and blank Eurocheques. Chapter 9 False unsworn testimony and perjury. Section False unsworn testimony.
Section Perjury. Section Affirmations equivalent to oath. Section False declaration in lieu of oath. Section Testimony under duress.
Section Correction of false testimony. Section Attempt to abet false testimony. Section Subornation of false testimony.
Section Negligent false oath; negligent false declaration in lieu of oath. Section International courts; national committees of inquiry.
Chapter 10 Casting false suspicion. Section Casting false suspicion. Section Publication of conviction. Chapter 11 Offences relating to religion and ideology.
Section Revilement of religious faiths and religious and ideological communities. Section Disturbance of exercise of religion.
Section a Disturbance of funeral. Section Disturbance of peace of dead. Chapter 12 Offences relating to civil status, marriage and family.
Section Falsification of civil status. Section Breach of maintenance obligation. Section Breach of duty of care or upbringing.
Section Bigamous marriage; bigamous life partnership. Section Sexual intercourse between relatives.
Chapter 13 Offences against sexual self-determination. Section a Sexual abuse of prisoners, persons detained by official order, or sick or vulnerable institutionalised persons.
Section b Sexual abuse exploiting official position. Section c Sexual abuse exploiting counselling, treatment or support relationship.
Section Sexual abuse of children. Section a Aggravated sexual abuse of children. Section b Sexual abuse of children resulting in death. Section Sexual assault; sexual coercion; rape.
Section Sexual assault, sexual coercion and rape resulting in death. Section Promotion of sexual acts by minors.
Section a Exploitation of prostitutes. Sections b and repealed. Section a Pimping. Section b Supervision of conduct. Section c repealed.
Section Sexual abuse of juveniles. Section Acts of exhibitionism. Section a Causing public nuisance.
Section Dissemination of pornography. Section a Dissemination of pornography depicting violent acts or sexual acts with animals.
Section b Dissemination, procurement and possession of child pornography. Section c Dissemination, procurement and possession of youth pornography.
Section d Making pornographic content available through broadcasting or telemedia services; accessing child or youth pornographic content via telemedia.
Section e Organisation and attendance of presentations of child and youth pornography. Section f Unlawful prostitution. Section g Prostitution likely to corrupt juveniles.
Section h Definitions. Section i Sexual harassment. Section j Offences committed out of groups. Chapter 14 Insult.
Section Insult. Section Defamation. Section Malicious gossip and defamation in relation to persons in political life.
Section Defiling memory of dead. Section Proof of truth by criminal judgment. Section Insult despite proof of truth.
Section Safeguarding legitimate interests. Section Request to prosecute. Section Mutual exchange of insults. Chapter 15 Violation of privacy of personal and private sphere.
Section Violation of privacy of spoken word. Section a Violation of intimate privacy by taking photographs or other images.
Section Violation of privacy of correspondence. Section a Data espionage. Section b Phishing. Section c Acts preparatory to data espionage and phishing.
Section d Handling stolen data. Section Violation of private secrets. Section Violation of secrecy of post or telecommunications.
Chapter 16 Offences against life. Section Murder under specific aggravating circumstances Mord. Section Murder Totschlag.
Section Less serious case of murder. Sections and repealed. Section Killing upon request. Section Facilitating suicide as recurring pursuit.
Section Abortion. Section a Exemption from punishment for abortion. Section b Abortion without medical certification; incorrect medical certification.
Section c Breach of medical duties in connection with abortion. Section Counselling of pregnant woman in emergency or conflict situation.
Section a Advertising abortion. Section b Putting on market of substances used in abortion. Section d repealed.
Section Abandonment. Section Negligent killing. Chapter 17 Offences against physical integrity. Section Bodily harm.
Section Dangerous bodily harm. Section Grievous bodily harm. Section a Female genital mutilation. Section Bodily harm resulting in death.
Section Consent. Section Negligent bodily harm. Section Taking part in brawl. Chapter 18 Offences against personal liberty.
Section Human trafficking. Section a Forced prostitution. Section b Forced labour. Section Exploitation of labour. Section a Exploitation involving deprivation of liberty.
Section Kidnapping. Section a Abduction abroad. Section Child theft. Section Child trafficking. Section Forced marriage. Section Stalking.
Section Unlawful imprisonment. Section a Abduction for purpose of extortion. Section b Hostage-taking. Section c Supervision of conduct.
Section Threatening commission of serious criminal offence. Section a Casting political suspicion. Chapter 19 Theft and misappropriation.
Section Theft. Section Aggravated theft. Section Armed theft; gang theft; theft by burglary of dwellings. Section a Aggravated gang theft.
Section Supervision of conduct. Section Misappropriation. Section Theft from relatives or persons living in same household. Section a Theft and misappropriation of property of minor value.
Section b Unauthorised use of vehicle. Section c Tapping of electrical energy. Chapter 20 Robbery and extortion. Section Robbery.
Section Aggravated robbery. Section Robbery resulting in death. Section Theft using force or threats to retain possession of stolen property.
Section Extortion. Section Extortion with use of force or threat of force. Chapter 21 Aiding after the fact and handling stolen goods.
Section Aiding after the fact. Section Obstruction of prosecution or punishment. Section a Obstruction of prosecution or punishment in public office.Aufgaben der Aufsicht über ein in Absatz 1 bezeichnetes Unternehmen wahrnehmen. Fahrlässiger Falscheid; fahrlässige falsche Versicherung an Eides statt. Die Möglichkeit einer nachträglichen Https://bermainkartu.co/online-casino-paypal-book-of-ra/beste-spielothek-in-micheldorf-finden.php besteht, wenn die Voraussetzungen des Absatzes 1 vorliegen link die Überweisung zur Durchführung einer Heilbehandlung oder Entziehungskur angezeigt ist, auch bei einer Person, die sich noch im Strafvollzug befindet und deren Unterbringung in der Sicherungsverwahrung angeordnet oder vorbehalten worden ist. Dabei dürfen an den Verurteilten keine unzumutbaren Anforderungen Spiele Xuan Wu BleГџing - Video Slots Online werden. Unternehmen oder Anlagen, die der öffentlichen Versorgung mit Wasser, Licht, Wärme oder Kraft dienen oder sonst für die Versorgung der Bevölkerung lebenswichtig sind, oder.