GERMAN PENAL CODE
CHAPTER 1. THE PENAL LAW
TITLE 1. SCOPE OF APPLICABILITY
§ 3. Applicability to acts within the country.
German penal law is applicable to acts committed within the country.
§ 4. Applicability to acts on German ships and aircraft.
German penal law is applicable, independent of the law of the place
of the act, to acts committed on a ship or an aircraft
entitled to display the federal flag or the insignia of state membership
of the Federal Republic of Germany.
§ 5. Acts outside the country against law goods within
the country.
German penal law is applicable, independent of the law of the place
of the act, to the following acts committed outside the
country:
1. Preparation for a war of aggression (§ 80);
2. High treason (§§ 81 to 83);
3. Endangering the democratic law state
(a) in cases under §§
89, 90a(I) and 90b, if the actor is a German and the foundation of his
life lies within the scope of
spatial applicability of this law, and,
(b) in cases under §§
90 and 90a(II);
4. Treason against the country and endangering external
security (§§ 94 to 100a);
5. Offenses against the defense of the country
(a) in cases under §§
109 and 109e to 109g and
(b) in cases under §§
109a, 109d and 109h, if the actor is a German and the foundation of his
life lies within the scope of
spatial applicability of this law;
6. Abduction and political suspicion (§§
234a, 241a), if the act is directed against a German domiciled or customarily
resident within the country;
6a. Removal of a child in cases under § 235(II)(2),
if the act is directed against a person domiciled or customarily resident
within the country;
7. Violation of business or trade secrets of a business
located within the scope of spatial applicability of this law, of an
enterprise located there, or of an enterprise located outside the country
that is controlled by an enterprise located within the
scope of spatial applicability of this law and forms a concern with
that enterprise;
8. Offenses against sexual self-determination
(a) in cases under §
174(I) and (III), if the actor and the person against whom the act is committed
are Germans at the
time of the act and the foundation of their lives lies within the country,
and
(b) in cases under §§
176 to 176b and 182, if the actor is a German;
9. Termination of pregnancy (§ 218), if the
actor is a German at the time of the act and the foundation of his life
lies within
the scope of spatial applicability of this law;
10. False unsworn statement, perjury and false affirmation
in place of an oath (§§ 153 to 156) in a proceeding that is
pending, within the scope of spatial applicability of this law, before
a court or some other German office charged with the
administration of oaths or of affirmations in place of an oath;
11. Offenses against the environment in cases under
§§ 324, 326, 330 and 330a, that are committed within the scope
of the exclusive German economic zone, insofar as international law treaties
for the protection of the high seas permit their prosecution as offenses;
12. Acts committed by a German office holder or
person with a special duty of public service during an official stay or
in
connection with his service;
13. Acts committed by a foreigner acting as an office
holder or person with a special duty of public service;
14. Acts committed against an office holder, a person
with a special duty of public service or a soldier of the Bundeswehr
during the execution of their service or in connection with their service;
15. Trade in organs (§ 18 of the Transplant
Law), if the actor is a German at the time of the act.
§6. Acts outside the country against internationally protected
law goods.
German penal law furthermore is applicable, independent of the law
of the place of the act, to the following acts committed
outside of the country:
1. Genocide (§ 220a);
2. Crimes involving atomic energy, explosives and
radiation in cases under §§ 307, 308 (I) to (IV), 309(II) and
310;
3. Attacks on air and sea traffic (§ 316c);
4. Traffic in human beings (§ 180b) and aggravated
traffic in human beings (§ 181);
5. Unauthorized distribution of narcotics;
6. Dissemination of pornography in cases under §
184(III) & (IV);
7. Forgery of currency and securities (§§
146, 151 and 152), forgery of guarantee cards and forms for Eurocheques
(§
152a(I) to (IV)), as well as their preparation (§§ 149, 151,
152 and 152a(V));
8. Economic subsidy fraud (§ 264);
9. Acts that are to prosecuted by the terms of an
international treaty binding on the Federal Republic of Germany even if
they are committed outside the country.
§ 7. Applicability to acts outside the country in other
cases.
(I) German penal law is applicable to acts committed
outside the country against a German, if the act is threatened with
punishment at the place of the act or the place of the act is not subject
to any penal power.
(II) German penal law is applicable to other acts
committed outside the country, if the act is threatened with punishment
at
the place of the act or the place of the act is not subject to any
penal power and if the actor
1. was a German at the time of the act or became
a German after the act, or
2. was a foreigner at the time of the act, was apprehended
within the country and, although the Extradition Law would permit extradition
according to the type of act, is not extradited because a request for extradition
was not made, or was refused, or extradition is not feasible.