German Code

8/21/2019 German Code

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http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html

Übersetzung des Strafgesetzbuches durch Prof. Dr. Michael ohlander

!ranslation of the "erman #riminal #ode pro$ided b% Prof. Dr. Michael ohlander

Stand: Die Übersetzung ber&c'sichtigt die (nderung)en* des "esetzes durch +rti'el , +bs. des "esetzes $om ..01 )"l. 2 S. 1344*

5ersion information: !he translation includes the amendment)s* to the +ct b% +rticle ,)* of the6aw of ..01 )7ederal 6aw "azette 2 p 1344*.

8 09 uris "mb;< Saarbr&c'en

GERMAN CRIMINAL CODE

7ull citation: #riminal #ode in the $ersion promulgated on 1 =o$ember 44< 7ederal 6aw"azette >undesgesetzblatt? 2 p. 1100< last amended b% +rticle of the 6aw of 0@ September

01< 7ederal 6aw "azette 2 p. 1,3 and with the teAt of +rticle ,)* of the 6aw of Bctober01< 7ederal 6aw "azette 2 p 1344.

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GENERAL PART

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CHAPTER ONE

THE CRIMINAL LAW

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FIRST TITLE

APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

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Section 1

No punis!ent "itout #$"

+n act ma% onl% be punished if criminal liabilit% had been established b% law before the act wascommitted.

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Section %

Ju&is'iction &$tione te!po&is( #e) !itio&

)* !he penalt% and an% ancillar% measures shall be determined b% the law which is in force at

the time of the act.

)0* 2f the penalt% is amended during the commission of the act< the law in force at the time the

act is completed shall be applied.

)1* 2f the law in force at the time of the completion of the act is amended before udgment< the

most lenient law shall be applied.

)@* + law intended to be in force onl% for a determinate time shall be continued to be applied to

acts committed while it was in force e$en after it ceases to be in force< unless otherwise pro$ided b% law.

)9* Subsections )* to )@* shall appl% mutatis mutandis to confiscation< depri$ation and

destruction.

),* Cnless otherwise pro$ided b% law< measures of rehabilitation and incapacitation shall be

determined according to the law in force at the time of the decision.

7ootnote:

S. 0),* incompatible with the asic 6aw )+rticle )** according to the operating part of the

decision of the 7ederal #onstitutional #ourt of @ Ma% 0< 7ederal 6aw "azette 2 p. 1 )0$ 01,9/4 et al.*.

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Section *

O++ences co!!itte' on te te&&ito& o+ te Fe'e&$# Repu-#ic o+ Ge&!$n

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"erman criminal law shall appl% to acts committed on "erman territor%.

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Section .

O++ences co!!itte' on Ge&!$n sips $n' $i&c&$+t

"erman criminal law shall appl%< regardless of the law applicable in the localit% where the act

was committed< to acts committed on a ship or an aircraft entitled to fl% the federal flag or thenational insignia of the 7ederal epublic of "erman%.

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Section /

O++ences co!!itte' $-&o$' $0$inst 'o!estic #e0$# inte&ests

"erman criminal law shall appl%< regardless of the law applicable in the localit% where the act

was committed< to the following acts committed abroad:

. preparation of a war of aggression )section *E

0. high treason against the 7ederation )Sections to 1*E

1. endangering the democratic state under the rule of law

)a* in cases under section 4 and section 4a)*< and section 4b< if the offender is "erman andhas his main li$elihood in the territor% of the 7ederal epublic of "erman% E and

)b* in cases under section 4 and section 4a)0*E

@. treason and endangering eAternal national securit% )Sections 4@ to a*E

9. offences against the national defence:

)a* in cases under section 4 and sections 4e to 4gE and

)b* in cases under section 4a< section 4d and section 4h< if the offender is "erman andhas his main li$elihood in the territor% of the 7ederal epublic of "erman%

,. #ausing the danger of political persecution )section 01@a< section0@a* if the act is directed

against a "erman who has his domicile or usual residence in "erman% E

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,a. abduction of minors in cases under section 019)0* =o 0< if the act is directed against a person

who has his domicile or usual residence in "erman%E

3. $iolation of business or trade secrets of a business ph%sicall% located within the territor% of

the 7ederal epublic of "erman%< or of an enterprise< which has its seat there< or of an enterprise

with its seat abroad and which is dependent on an enterprise with its seat within the territor% ofthe 7ederal epublic of "erman% and which forms a group with the latterE

. offences against seAual self-determination:

)a* in cases under section 3@)* and )1*< if the offender and the $ictim are "erman at the time

of the offence and ha$e their main li$elihood in "erman%E and

)b* in cases under sections 3, to 3,b and section 0< if the offender is "ermanE

4. abortion )section 0*< if the offender at the time of the offence is "erman and has his mainli$elihood in the territor% of the 7ederal epublic of "erman%E

. false testimon%< perur% and false sworn affida$its )Sections 91 to 9,* in proceedings

pending before a court or another "erman authorit% within the territor% of the 7ederal epublicof "erman% that has the authorit% to administer oaths or affirmations in lieu of oathE

. offences against the en$ironment under section 10@< section 10,< section 11 and section

11a committed within "erman%Fs eAclusi$e economic zone< to the eAtent that international

con$entions on the protection of the sea allow for their prosecution as criminal offencesE

a. offences under section 10)0* =os 1 and @< )@* and )9*< also in conunction with section

11< if the offender is "erman at the time of the offenceE

0. offences committed b% a "erman public official or a person entrusted with special public

ser$ice functions during their official sta% or in connection with their official dutiesE

1. acts committed b% a foreigner as a public official or as a person entrusted with special public

ser$ice functionsE

@. acts committed against public officials< persons entrusted with special public ser$icefunctions< or soldiers in the +rmed 7orces during the discharge of their duties or in connection

with their dutiesE

@a. bribing delegates )section e* if the offender is "erman at the time of the offence or theoffence was committed $is-G-$is a "ermanE


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9. traffic'ing in human organs )section of the !ransplantation +ct*< if the offender is

"erman at the time of the offence.

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Section

O++ences co!!itte' $-&o$' $0$inst inte&n$tion$## p&otecte' #e0$# inte&ests

"erman criminal law shall further appl%< regardless of the law of the localit% where the% arecommitted< to the following offences committed abroad:

. )repealed* E

0. offences in$ol$ing nuclear energ%< eAplosi$es and radiation under section 13 and section

1)* to )@*< section 14)0* and section 1E

1. attac's on air and maritime traffic )section 1,c*E

@. human traffic'ing for the purpose of seAual eAploitation< for the purpose of wor' eAploitation

and assisting human traffic'ing )Sections 010 to 011a*E

9. unlawful drug dealingE

,. distribution of pornograph% under sections @a< @b )* to )1* and section @c )* to )1*<

also in conunction with section @d< st sentenceE

3. counterfeiting mone% and securities )section @,< section 9 and section 90*< credit cards

etc and blan' eurocheHue forms )section 90b)* to )@** as well as the rele$ant preparator% acts)Sections @4< 9< 90 and 90b)9**E

. subsid% fraud )section 0,@*E

4. offences which on the basis of an international agreement binding on the 7ederal epublic of

"erman% must be prosecuted e$en though committed abroad.

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Section 2

O++ences co!!itte' $-&o$'3ote& c$ses



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)* "erman criminal law shall appl% to offences committed abroad against a "erman< if the act is

a criminal offence at the localit% of its commission or if that localit% is not subect to an%criminal urisdiction.

)0* "erman criminal law shall appl% to other offences committed abroad if the act is a criminal

offence at the localit% of its commission or if that localit% is not subect to an% criminal law urisdiction< and if the offender:

. was "erman at the time of the offence or became "erman after the commissionE or

0. was a foreigner at the time of the offence< is disco$ered in "erman% and< although the

IAtradition +ct would permit eAtradition for such an offence< is not eAtradited because a reHuest

for eAtradition within a reasonable period of time is not made< is reected< or the eAtradition is notfeasible.

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Section 4

Ti!e o+ te o++ence

+n offence is deemed to ha$e been committed at the time when the principal or the secondar%

participants acted< or< in the case of an omission< should ha$e acted. !he time when the result

occurs is irrele$ant.

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Section 5

P#$ce o+ te o++ence

)* +n offence is deemed to ha$e been committed in e$er% place where the offender acted or< in

the case of an omission< should ha$e acted< or in which the result if it is an element of the offenceoccurs or should ha$e occurred according to the intention of the offender.

)0* +cts of secondar% participation are committed not onl% in the place where the offence was

committed< but also in e$er% place where the secondar% participant acted or< in the case of an

omission< should ha$e acted or where< according to his intention< the offence should ha$e beencommitted. 2f the secondar% participant to an offence committed abroad acted within the territor%

of the 7ederal epublic of "erman%< "erman criminal law shall appl% to the secondar% participation e$en though the act is not a criminal offence according to the law of the localit% of

its commission.

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Section 16

Speci$# p&o7isions +o& 8u7eni#es $n' oun0 $'u#ts

!his law shall appl% to offences committed b% u$eniles and %oung adults unless the Ju$enile

#ourts +ct pro$ides otherwise.

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SECOND TITLE

TERMINOLOG9

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Section 11

De+initions

)* 7or the purposes of this law

. Krelati$eF means an% member of the following categor% of persons:

)a* relations b% blood or marriage in direct line< the spouse< the same seA partner< the fiancL)e*

also within the meaning of the Same SeA Partnership +ct< siblings< the spouses or same seA partners of siblings< siblings of spouses or same seA partners< e$en if the marriage or same seA

partnership upon which the relationship was based no longer eAists< or when the relationship b% blood or marriage has ceased to eAistE

)b* foster parents and foster childrenE

0. Kpublic officialF means an% of the following if under "erman law

)a* the% are ci$il ser$ants or udgesE

)b* otherwise carr% out public official functionsE or

)c* ha$e otherwise been appointed to ser$e with a public authorit% or other agenc% or ha$e been

commissioned to perform public administrati$e ser$ices regardless of the organisational formchosen to fulfil such dutiesE

1. KudgeF means an% person who under "erman law is either a professional or a la% udgeE

@. Kpersons entrusted with special public ser$ice functionsF means an% person who< without being a public official< is emplo%ed b%< or is acting for



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)a* a public authorit% or other agenc%< which performs public administrati$e ser$icesE or

)b* an association or other union< business or enterprise< which carries out public administrati$e

ser$ices for a public authorit% or other agenc%<

and who is formall% reHuired b% law to fulfil their duties with due diligenceE

9. Kunlawful actF eAclusi$el% means an act that fulfils all the elements of a criminal pro$isionE

,. KCnternehmen )underta'ing*F of an offence means both attempt and completionE

3. Kpublic authorit%F also means a courtE

. KmeasureF means the measures of rehabilitation and incapacitation< confiscation< depri$ationand destructionE

4. KconsiderationF means an% material benefit gi$en in eAchange for someoneFs acts.

)0* +n act is also deemed intentional for the purposes of this law< if it fulfils the statutor%

elements of an offence< which reHuires intent in relation to the offenderFs conduct but lets

negligence suffice as to a specific result caused thereb%.

)1* +udio$isual media< data storage media< illustrations and other depictions shall be eHui$alent

to written material in the pro$isions which refer to this subsection.

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Section 1%

Fe#onies $n' !is'e!e$nou&s

)* 7elonies are unlawful acts punishable b% a minimum sentence of one %earFs imprisonment.

)0* Misdemeanours are unlawful acts punishable b% a lesser minimum term of imprisonment or b% fine.

)1* +ggra$ations or mitigations pro$ided for under the pro$isions of the "eneral Part< or underespeciall% serious or less serious cases in the Special Part< shall be irrele$ant to this

classification.

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CHAPTER TWO

THE OFFENCE

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FIRST TITLE

FOUNDATIONS OF CRIMINAL LIA:ILIT9

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Section 1*

O!issions

)* Nhosoe$er fails to a$ert a result which is an element of a criminal pro$ision shall onl% be

liable under this law if he is responsible under law to ensure that the result does not occur< and if

the omission is eHui$alent to the realisation of the statutor% elements of the offence through a positi$e act.

)0* !he sentence ma% be mitigated pursuant to section @4)*.

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Section 1.

Actin0 +o& $note&

)* 2f a person acts:

. in his capacit% as an organ authorised to represent a legal entit% or as a member of such anorganE

0. as a partner authorised to represent a partnership with independent legal capacit%E or

1. as a statutor% representati$e of another<

an% law according to which special personal attributes< relationships or circumstances )special

personal characteristics* form the basis of criminal liabilit%< shall appl% to the representati$e< ifthese characteristics do not eAist in his person but in the entit%< partnership or person represented.

)0* 2f a person< whether b% the owner of a business or somebod% delegated b% him< has been

. commissioned to manage the business< in whole or in partE or



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0. eApressl% commissioned to perform autonomous duties which are incumbent on the owner of

the business<

and the person acts on the basis of this commission< an% law< according to which special personal

characteristics gi$e rise to criminal liabilit% shall appl% to the person commissioned< if these

characteristics do not eAist in his but in the person of the owner of the business. Nithin themeaning of the st sentence abo$e an enterprise shall be the eHui$alent of a business. 2f a person

acts on

the basis of a similar commission for an agenc% performing public administrati$e ser$ices< the

first sentence shall appl% mutatis mutandis.

)1* Subsections )* and )0* abo$e shall appl% e$en if the act of commission intended to create the power of representation or the agenc% is $oid.

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Section 1/

Intent $n' ne0#i0ence

Cnless the law eApressl% pro$ides for criminal liabilit% based on negligence< onl% intentional

conduct shall attract criminal liabilit%.

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Section 1

Mist$;e o+ +$ct

)* Nhosoe$er at the time of the commission of the offence is unaware of a fact which is astatutor% element of the offence shall be deemed to lac' intention. +n% liabilit% for negligence

remains unaffected.

)0* Nhosoe$er at the time of commission of the offence mista'enl% assumes the eAistence of

facts which would satisf% the elements of a more lenient pro$ision< ma% onl% be punished for the

intentional commission of the offence under the more lenient pro$ision.

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Section 12

Mist$;e o+ #$"



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2f at the time of the commission of the offence the offender lac's the awareness that he is acting

unlawfull%< he shall be deemed to ha$e acted without guilt if the mista'e was una$oidable. 2f themista'e was a$oidable< the sentence ma% be mitigated pursuant to section @4)*.

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Section 14

A00&$7$te' sentence -$se' on speci$# conse


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SECOND TITLE

ATTEMPT

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Section %%

De+inition

+ person attempts to commit an offence if he ta'es steps which will immediatel% lead to thecompletion of the offence as en$isaged b% him.

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Section %*

Li$-i#it +o& $tte!pt

)* +n% attempt to commit a felon% entails criminal liabilit%E this applies to attempted

misdemeanours onl% if eApressl% so pro$ided b% law.

)0* +n attempt ma% be punished more lenientl% than the completed offence )section @4)**.

)1* 2f the offender due to gross ignorance fails to realise that the attempt could under nocircumstances ha$e led to the completion of the offence due to the nature of its obect or the

means b% which it was to be committed< the court ma% order a discharge< or mitigate the sentenceas it sees fit )section @4)0**.

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Section %.

Wit'&$"$#

)* + person who of his own $olition gi$es up the further eAecution of theoffence or pre$ents its

completion shall not be liable for the attempt. 2f the offence is not completed regardless of hisactions< that person shall not be liable if he has made a $oluntar% and earnest effort to pre$ent the

completion of the offence.

)0* 2f more than one person participate in the offence< the person who $oluntaril% pre$ents its

completion shall not be liable for the attempt. ;is $oluntar% and earnest effort to pre$ent the

completion of the offence shall suffice for eAemption from liabilit%< if the offence is not

completed regardless of his actions or is committed independentl% of his earlier contribution tothe offence.



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THIRD TITLE

PRINCIPALS AND SECONDAR9 PARTICIPANTS

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Section %/

P&incip$#s

)* +n% person who commits the offence himself or through another shall be liable as a principal.

)0* 2f more than one person commit the offence ointl%< each shall be liable as a principal )oint principals*.

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Section %

A-ettin0

+n% person who intentionall% induces another to intentionall% commit an unlawful act )abettor*

shall be liable to be sentenced as if he were a principal.

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Section %2Ai'in0

)* +n% person who intentionall% assists another in the intentional commission of an unlawful actshall be con$icted and sentenced as an aider.

)0* !he sentence for the aider shall be based on the penalt% for a principal. 2t shall be mitigated

pursuant to section @4)*.

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Section %4

Speci$# pe&son$# c$&$cte&istics

)* 2f special personal characteristics )section @)** that establish the principalFs liabilit% are

absent in the person of the secondar% participant )abettor or aider* their sentence shall bemitigated pursuant to section @4)*.

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)0* 2f the law pro$ides that special personal characteristics aggra$ate< mitigate or eAclude

punishment this shall appl% onl% to the accomplices )principals or secondar% participants* inwhose person the% are present.

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Section %5

Sep$&$te c&i!in$# #i$-i#it o+ te $cco!p#ice

Iach accomplice shall be liable according to the measure of his own guilt and irrespecti$e of the

guilt of the others.

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Section *6

Conspi&$c

)* + person who attempts to induce another to commit a felon% or abet another to commit afelon% shall be liable according to the pro$isions go$erning attempted felonies. !he sentence

shall be mitigated pursuant to section @4 )*. Section 01 )1* shall appl% mutatis mutandis.

)0* + person who declares his willingness or who accepts the offer of another or who agrees with

another to commit or abet the commission of a felon% shall be liable under the same terms.

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Section *1

Wit'&$"$# +&o! conspi&$c

)* + person shall not be liable under section 1 if he $oluntaril%

. gi$es up the attempt to induce another to commit a felon% and a$erts

an% eAisting danger that the other ma% commit the offenceE

0. after ha$ing declared his willingness to commit a felon%< gi$es up his planE or

1. after ha$ing agreed to commit a felon% or accepted the offer of another to commit a felon% pre$ents the commission of the offence.



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)0* 2f the offence is not completed regardless of his actions or if it is committed independentl% of

his pre$ious conduct< his $oluntar% and earnest effort to pre$ent the completion of the offenceshall suffice for eAemption from liabilit%.

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FOURTH TITLE

SELF=DEFENCE, NECESSIT9 AND DURESS

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Section *%

Se#+='e+ence

)* + person who commits an act in self-defence does not act unlawfull%.

)0* Self-defence means an% defensi$e action that is necessar% to a$ert an imminent unlawful

attac' on oneself or another.

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Section **

E)cessi7e se#+='e+ence

+ person who eAceeds the limits of self-defence out of confusion< fear or terror shall not be held

criminall% liable.

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Section *.

Necessit

+ person who< faced with an imminent danger to life< limb< freedom< honour< propert% or another

legal interest which cannot otherwise be a$erted< commits an act to a$ert the danger from himself

or another< does not act unlawfull%< if< upon weighing the con icting interests< in particular the

affected legal interests and the degree of the danger facing them< the protected interestsubstantiall% outweighs the one interfered with. !his shall appl% onl% if and to the eAtent that the

act committed is an adeHuate means to a$ert the danger.

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Section */

Du&ess

)* + person who< faced with an imminent danger to life< limb or freedom which cannot

otherwise be a$erted< commits an unlawful act to a$ert the danger from himself< a relati$e or

person close to him< acts without guilt. !his shall not appl% if and to the eAtent that the offendercould be eApected under the circumstances to accept the danger< in particular< because he himself

had caused the danger< or was under a special legal obligation to do soE the sentence ma% be

mitigated pursuant to section @4)* unless the offender was reHuired to accept the danger becauseof a special legal obligation to do so.

)0* 2f at the time of the commission of the act a person mista'enl% assumes that circumstanceseAist which would eAcuse him under subsection )* abo$e< he will onl% be liable if the mista'e

was a$oidable. !he sentence shall be mitigated pursuant to section @4)*.

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FIFTH TITLE

IMMUNIT9 FOR STATEMENTS AND REPORTS MADE IN PARLIAMENT

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Section *

P$i$!ent$& st$te!ents

Delegates of the 7ederal Parliament< the 7ederal +ssembl% or of a legislati$e bod% of a memberstate shall at all times be immune from eAternal liabilit% because of a $ote the% cast or astatement the% made within one of those bodies or one of their committees. !his shall not appl%

to intentional defamations.

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Section *2

P$i$!ent$& &epo&ts

!ruthful reports about the public sessions of the bodies indicated in section 1, or theircommittees shall not gi$e rise to an% liabilit%.

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CHAPTER THREE

SANCTIONS

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FIRST TITLE

PENALTIES

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3I!p&ison!ent3

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Section *4

Te&! o+ i!p&ison!ent

)* 2mprisonment shall be for a fiAed term unless the law pro$ides for life imprisonment.

)0* !he maAimum term of fiAed-term imprisonment shall be fifteen %ears< the minimum term onemonth.

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Section *5

Dete&!in$tion o+ +i)e'=te&! i!p&ison!ent

2mprisonment for less than a %ear shall be determined in full wee's and months


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the actual a$erage one-da% net income of the offender or the a$erage income he could achie$e in

one da%. + dail% unit shall not be set at less than one and not at more than thirt% thousand euros.

)1* !he income of the offender< his assets and other rele$ant assessment factors ma% be estimated

when setting the amount of a dail% unit.

)@* !he number and amount of the dail% units shall be indicated in the decision.

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Section .1

Fines in $''ition to i!p&ison!ent

2f the offender through the commission of the offence enriched or tried to enrich himself< a fine

which otherwise would not ha$e been pro$ided for or onl% in the alternati$e ma% be imposed in

addition to imprisonment if this appears appropriate ta'ing into consideration the personal andfinancial circumstances of the offender. !his does not appl% if the court imposes an order pursuant to section @1a.

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Section .%

A##o"in0 ti!e +o& p$!ent( inst$#!ents

2f a con$icted offender< due to his personal or financial circumstances< cannot be eApected to pa%

the full fine immediatel%< the court shall allow a certain time for pa%ment or allow pa%ment inspecified instalments. !he court ma% also order that the pri$ilege of pa%ing the fine in fiAed

instalments will be re$o'ed if the con$icted offender fails to pa% an instalment in time. !he courtshall also allow for such conditions of pa%ment if without them the restitution b% the offender of

an% damage caused b% the offence were to be substantiall% impairedE the court ma% reHuire the

offender to present proof of restitution.

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Section .*

I!p&ison!ent +o& 'e+$u#t o+ p$!ent

2f the fine cannot be reco$ered< it shall be replaced b% imprisonment. Bne dail% unit shall

correspond to one da% of imprisonment. !he minimum term of imprisonment for default of pa%ment shall be one da%.

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3Con+isc$to& e)p&op&i$tion o&'e&3

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Section .*$

Con+isc$to& e)p&op&i$tion o&'e&

)* 2f the law refers to this pro$ision the court ma%< in addition to imprisonment for life or for a

fiAed term of more than two %ears< order pa%ment of a sum of mone% the amount of which shall be limited b% the $alue of the offenderFs assets )confiscator% eApropriation order*. Material

benefits which ha$e been confiscated shall not be ta'en into account when assessing the $alue of

the assets. !he $alue of the assets ma% be estimated.

)0* Section @0 shall appl% mutatis mutandis.

)1* !he court shall indicate a term of imprisonment which shall be substituted if the amountcannot be reco$ered )default imprisonment*. !he maAimum term of default imprisonment shall be two %ears< its minimum one month.

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3Anci##$& pen$#t3

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Section ..Te!po&$& '&i7in0 -$n

)* 2f a person has been sentenced to imprisonment or to a fine for an offence committed in

connection with the dri$ing of a motor-$ehicle or in $iolation of the duties of a dri$er of a motor-

$ehicle< the court ma% impose a ban prohibiting him from dri$ing an% class of motor-$ehicle or a

specific class on public roads for a period of from one to three months. + dri$ing ban shallt%picall% be imposed in cases of a con$iction under section 19c)* =o )a*< )1* or section 1,

unless a disHualification order has been made under section ,4.

)0* !he dri$ing ban shall ta'e effect upon the udgment ha$ing become final. =ational andinternational dri$ing licences issued b% a "erman public authorit% shall be 'ept in official

safe'eeping for its duration. !his shall also appl% if the dri$ing licence was issued b% a public

authorit% of a member state of the Iuropean Cnion or another signator% state of the !reat% on theIuropean Iconomic +rea if the holder is ordinaril% resident in "erman%. !he dri$ing ban shall

be endorsed on an% other foreign dri$ing licences.



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)1* 2f a dri$ing licence is to be 'ept in official safe'eeping or the dri$ing ban to be endorsed on a

foreign dri$ing licence< the duration of the ban shall be calculated from the da% that thoseconditions ha$e been complied with. +n% period during which the offender was 'ept in detention

in an institution pursuant to an order of a public authorit% shall not count towards the duration.

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3Anci##$& !e$su&es3

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Section ./

Loss o+ $-i#it to o#' pu-#ic o++ice, to 7ote $n' -e e#ecte' in pu-#ic e#ections

)* + person who has been sentenced for a felon% to a term of imprisonment of not less than one

%ear shall< for a period of fi$e %ears< lose the abilit% to hold public office and be elected in publicelections.

)0* !he court ma% depri$e a con$icted person of the abilit% indicated in subsection )* abo$e for

a period of from two to fi$e %ears if the law eApressl% so pro$ides.

)1* +t the same time that the loss of abilit% to hold public office ta'es effect< the con$icted

person shall lose an% corresponding legal positions and rights he ma% at that time hold.

)@* +t the same time the loss of the abilit% to be elected in public elections ta'es effect< the

con$icted person shall lose an% corresponding legal positions and rights he ma% hold unless thelaw pro$ides otherwise.

)9* !he court ma% depri$e the con$icted person of the right to ta'e part in elections or to $ote in public affairs for a period of from two to fi$e %ears if the law eApressl% so pro$ides.

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Section ./$

Ent& into e++ect $n' c$#cu#$tion o+ 'u&$tion

)* !he loss of the abilit%< legal positions and rights shall ta'e effect upon the udgment ha$ing

become final.

)0* !he duration of the loss of abilit% or of a right shall be calculated from the da% the term of

imprisonment has been ser$ed< barred b% the statute of limitations or remitted. 2f a custodial



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measure of rehabilitation and incapacitation had been ordered in addition to imprisonment< the

duration shall begin on the da% that measure has been ser$ed.

)1* 2f the sentence or the measure had been suspended or conditional earl% release granted under

a period of probation< or an eAecuti$e pardon granted< an% operational probationar% period shall

be included in the calculation of the duration if< after its eApiration< the sentence or the remainder thereof has been remitted< or when the measure has been completed.

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Section ./-

Reinst$te!ent

)* !he court ma% reinstate abilities lost pursuant to section @9)* and )0*< and rights lost

pursuant to section @9)9*< if

. the loss has been in effect for half of its durationE and

0. it can be eApected that the con$icted person will commit no further intentional offences.

)0* +n% period during which the offender was 'ept in detention in an institution pursuant to anorder of a public authorit% shall not count towards the duration.

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SECOND TITLESENTENCING

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Section .

P&incip#es o+ sentencin0

)* !he guilt of the offender is the basis for sentencing. !he effects which the sentence can be

eApected to ha$e on the offenderFs future life in societ% shall be ta'en into account.

)0* Nhen sentencing the court shall weigh the circumstances in fa$our of and against theoffender. #onsideration shall in particular be gi$en to

the moti$es and aims of the offenderE

the attitude reflected in the offence and the degree of force of will



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in$ol$ed in its commissionE

the degree of the $iolation of the offenderFs dutiesE

the modus operandi and the conseHuences caused b% the offence to the

eAtent that the offender is to blame for themE

the offenderFs prior histor%< his personal and financial circumstancesE

his conduct after the offence< particularl% his efforts to ma'e restitution

for the harm caused as well as the offenderFs efforts at reconciliation with the $ictim.

)1* #ircumstances which are alread% statutor% elements of the offence must not be considered.

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Section .$

O++en'e&=7icti! !e'i$tion( &estitution

2f the offender<

. in an effort to achie$e reconciliation with the $ictim )offender-$ictim mediation*< has made

full restitution or the maor part thereof for his offence< or has earnestl% tried to ma'e restitutionE

or

0. in a case in which ma'ing restitution for the harm caused reHuired substantial personal

ser$ices or personal sacrifice on his part< has made full compensation or the maor part thereof to

the $ictim<

the court ma% mitigate the sentence pursuant to section @4)* or< unless the sentence to be

imposed on the offender is imprisonment not eAceeding one %ear or a fine not eAceeding threehundred and siAt% dail% units< ma% order a discharge.

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Section .-

Cont&i-utin0 to te 'isco7e& o& p&e7ention o+ se&ious o++ences

)* 2f the perpetrator of an offence punishable b% an increased minimum sentence of

imprisonment or a sentence of life imprisonment


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. has substantiall% contributed to the disco$er% of an offence under section a)0* of the #ode

of #riminal Procedure which is related to his own offence b% $oluntaril% disclosing his'nowledge< or

0. $oluntaril% discloses his 'nowledge to an official authorit% in time for the completion of an

offence under section a)0* of the #ode of #riminal Procedure related to his own offence< the planning of which he is aware of< to be a$erted<

the court ma% mitigate the sentence under section @4)*E a sentence of life imprisonment shall be

replaced with a term of imprisonment of no less than ten %ears. 2n order to determine whether an

offence is punishable b% an increased minimum sentence of imprisonment< onl% aggra$ations for

especiall% serious cases but no mitigations shall be ta'en into account. 2f the offender participated in the offence< his contribution to its disco$er% under the st sentence =o. abo$e

must eAceed his own contribution. 2nstead of a reduction in sentence the court ma% order a

discharge if the offence is punishable b% a fiAed-term sentence of imprisonment onl% and the

offender would not be sentenced to a term eAceeding three %ears.

)0* 2n arri$ing at its decision under subsection )* abo$e the court shall ha$e particular regard to:

. the nature and scope of the disclosed facts and their rele$ance to the disco$er% or pre$entionof the offence< the time of disclosure< the degree of support gi$en to the prosecuting authorities

b% the offender and the gra$it% of the offence to which his disclosure relates< as well as

0. the relationship of the circumstances mentioned in =o. abo$e to the gra$it% of the offence

committed b% and the degree of guilt of the offender.

)1* + mitigation of sentence or a discharge under subsection )* abo$e shall be eAcluded if the

offender discloses his 'nowledge onl% after the indictment against him has been admitted b% the

trial court )section 03 of the #ode of #riminal Procedure*.

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Section .2

So&t te&!s o+ i!p&ison!ent $s te e)ception

)* !he court shall not impose a term of imprisonment of less than siA months unless special

circumstances eAist< either in the offence or the person of the offender< that strictl% reHuire the

imposition of imprisonment either for the purpose of reform of the offender or for reasons of

general deterrence.

)0* 2f the law does not pro$ide for a fine and a term of imprisonment of siA months or more is not

to be imposed< the court shall impose a fine unless the imposition of a sentence of imprisonment

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is strictl% reHuired pursuant to subsection )* abo$e. 2f the law pro$ides for an increased

minimum term of imprisonment< the minimum fine in cases co$ered b% the st sentence of thissubsection shall be determined b% the minimum term of imprisonmentE thirt% dail% units shall

correspond to one monthFs imprisonment.

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Section .4

(repealed)

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Section .5

Speci$# !iti0$tin0 ci&cu!st$nces est$-#ise' - #$"

)* 2f the law reHuires or allows for mitigation under this pro$ision< the following shall appl%:

. 2mprisonment of not less than three %ears shall be substituted for imprisonment for life.

0. 2n cases of imprisonment for a fiAed term< no more than three Huarters of the statutor%

maAimum term ma% be imposed. 2n case of a fine the same shall appl% to the maAimum numberof dail% units.

1. +n% increased minimum statutor% term of imprisonment shall be reduced as follows:

a minimum term of ten or fi$e %ears< to two %earsE

a minimum term of three or two %ears< to siA monthsE

a minimum term of one %ear< to three monthsE

in all other cases to the statutor% minimum.

)0* 2f the court ma% in its discretion mitigate the sentence pursuant to a law which refers to this

pro$ision< it ma% reduce the sentence to the statutor% minimum or impose a fine instead of

imprisonment.

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Section /6

Mu#tip#e !iti0$tin0 ci&cu!st$nces



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+ circumstance which alone or together with other circumstances ustifies the assumption of a

mitigated offence under the pro$isions of the special part and which is also a special statutor%mitigating circumstance for the purposes of section @4< ma% onl% be considered once.

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Section /1

E++ect o+ ti!e spent in custo'

)* 2f a con$icted person had been remanded in custod% or otherwise been 'ept in detention

because of an offence which is or was the obect of the proceedings< an% time spent in such

custod% or detention shall be credited towards a fiAed term of imprisonment or a fine. !he court

ma% order for such time not to be credited in whole or in part if in light of the conduct of thecon$icted person after the offence this would be inappropriate.

)0* 2f in a later proceeding another sentence is substituted for a pre$iousl% imposed sentence after that sentence had become final< time ser$ed under or credited towards the earlier sentence shall

be credited against the new sentence.

)1* 2f a con$icted person has alread% been sentenced abroad for the same offence< the foreign

sentence< to the eAtent it has been ser$ed< shall be credited towards the new sentence. Subsection

)* abo$e shall appl% mutatis mutandis to an% other detention suffered abroad.

)@* 7or the purpose of crediting a fine against time in detention< or $ice $ersa< one da% ofdetention shall correspond to one dail% unit. 2f a foreign sentence or time in detention is to be

credited< the court shall determine the rate as it sees fit.

)9* 7or the purpose of crediting a period of pro$isional disHualification from dri$ing )section

a of the #ode of #riminal Procedure* against a dri$ing ban under section @@< subsection )*

abo$e shall appl% mutatis mutandis. 7or this purpose< the pro$isional depri$ation of a dri$ing

licence or its seizure )section 4@ of the #ode of #riminal Procedure* shall be eHui$alent to a pro$isional disHualification.

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THIRD TITLE

SENTENCING FOR MULTIPLE OFFENCES

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Section /%

One $ct 7io#$tin0 !u#tip#e #$"s o& te s$!e #$" !o&e t$n once



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)* 2f the same act $iolates more than one law or the same law more than once< onl% one sentence

shall be imposed.

)0* 2f more than one law has been $iolated the sentence shall be determined according to the law

that pro$ides for the most se$ere sentence. !he sentence ma% not be more lenient than the other

applicable laws permit.

)1* !he court ma% impose an additional fine to an% term of imprisonment under the pro$isions of section @.

)@* 2f one of the applicable laws allows for the imposition of a confiscator% eApropriation order

the court ma% impose it in addition to imprisonment for life or a fiAed term of more than two

%ears. 2n addition< ancillar% penalties and measures )section )* =o * must or ma% be imposedif one of the applicable laws so reHuires or allows.

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Section /*

Mu#tip#e o++ences co!!itte' - !u#tip#e $cts

)* 2f a person has committed more than one offence< all of which are to be adudicated at the

same time< and incurred more than one sentence of imprisonment or more than one fine< an

aggregate sentence shall be imposed.

)0* 2f a term of imprisonment concurs with a fine< an aggregate sentence shall be imposed. !he

court ma% impose a separate fineE if fines are to be imposed for more than one offence< anaggregate fine shall to that eAtent be imposed.

)1* 2f the offender< pursuant to a law according to which section @1a is applicable or under the

terms of section 90)@*< has as one of the indi$idual sentences incurred imprisonment for life or a

fiAed term of more than two %ears< the court ma% impose a confiscator% eApropriation order in

addition to the aggregate sentence formed pursuant to subsections )* or )0* abo$eE if in suchcases a confiscator% eApropriation order is to be imposed for more than one offence< an aggregate

eApropriation order shall to that eAtent be imposed. Section @1a)1* shall appl% mutatis mutandis.

)@* Section 90)1* and )@* 0nd sentence shall appl% mutatis mutandis.

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Section /.

Fi)in0 o+ $00&e0$te sentence



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)* 2f one of the sentences for the indi$idual offences is imprisonment for life< an aggregate

sentence of imprisonment for life shall be imposed. 2n all other cases the aggregate sentence shall be fiAed b% increasing the most se$ere indi$idual sentence incurred and< in the case of different

'inds of penalties< b% increasing the sentence that is most se$ere in nature. !he person of theoffender and the indi$idual offences shall be considered in their totalit%.

)0* !he aggregate sentence shall be less than the sum of the indi$idual sentences. 2t shall not< in

the case of imprisonment for a fiAed term< eAceed fifteen %ears< in the case of a confiscator%

eApropriation order< the $alue of the offenderFs assets< and in the case of a fine< se$en hundredand twent% dail% unitsE section @1a)* 1rd sentence shall appl% mutatis mutandis.

)1* 2f an aggregate sentence is to be fiAed based on a term of imprisonment and a fine< one dail%unit shall correspond to one da%Fs imprisonment for the purpose of calculating the sum of the

indi$idual sentences.

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Section //

Su-se


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)* 2f a person is sentenced to a term of imprisonment not eAceeding one %ear the court shall

suspend the enforcement of the sentence for a probationar% period if there are reasons to belie$ethat the sentence will ser$e as s sufficient warning to the con$icted person and that he will

commit no further offences without ha$ing to ser$e the sentence. !he court shall particularl% ta'einto account the character of the con$icted person< his pre$ious histor%< the circumstances of his

offence< his conduct after the offence< his circumstances and the effects to be eApected from thesuspension.

)0* !he court ma%< under the conditions of subsection )* abo$e suspend the enforcement of aterm of imprisonment not eAceeding two %ears for a probationar% period< if after a

comprehensi$e e$aluation of the offence and character of the con$icted person specialcircumstances can be found to eAist. 2n ma'ing its decision< the court shall particularl% ta'e into

account an% efforts b% the con$icted person to ma'e restitution for the harm caused b% the

offence.

)1* !he enforcement of a sentence of imprisonment eAceeding siA months shall not be suspendedwhen reasons of general deterrence so reHuire.

)@* !he suspension must not be limited to a part of the sentence. 2t shall not be eAcluded b% an%crediting of time ser$ed in custod% on remand or an% other form of detention.

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Section /$

Ope&$tion$# pe&io'

)* !he court shall determine the operational probationar% period. !his must not eAceed fi$e

%ears nor be less than two %ears.

)0* !he operational period shall commence when the decision to suspend the sentence becomes

final. 2t ma% subseHuentl% be reduced to the minimum or prolonged to the maAimum before itseApiration.

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Section /-

Con'itions

)* !he court ma% impose conditions on the con$icted person directed at repairing the harm

caused. =o unreasonable demands shall be made from the con$icted person.

)0* !he court ma% order the con$icted person



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. to ma'e restitution to the best of his abilit% for the harm caused b% the offenceE

0. to pa% a sum of mone% to a charitable organisation if this appears appropriate in light of the

offence and the character of the offenderE

1. to perform communit% ser$iceE or

@. to pa% a sum of mone% to the public treasur%.

!he court shall not impose a condition pursuant to the st sentence of this subsection =os 0 to @unless the fulfilment of the condition does not impair the restitution for the harm caused.

)1* 2f the con$icted person offers to perform appropriate ser$ices for the purpose of repairing theharm caused< the court shall t%picall% preliminaril% refrain from imposing conditions if it is to be

eApected that the offer will be fulfilled.

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Section /c

Di&ections

)* !he court shall impose directions for the duration of the operational period< if the con$icted person reHuires such assistance to abstain from committing offences. =o unreasonable demands

should be imposed on the con$icted personFs lifest%le.

)0* !he court ma%< in particular< direct the con$icted person

. to follow instructions which relate to his residence< education< wor' or leisure< or to theordering of his financial affairsE

0. to report at certain times to the court or another authorit%E

1. not to ma'e or maintain contact with the $ictim< or certain persons or persons from a certain

group who ma% induce him to commit further offences< nor to emplo%< train or harbour themE

@. not to possess< carr% or entrust to another for safe'eeping< particular obects which couldinduce him to commit further offencesE or

9. to meet maintenance obligations.

)1* + direction



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. to undergo medical treatment of an in$asi$e nature or treatment for addictionE or

0. to reside in a suitable home or institution

ma% onl% be gi$en with the consent of the con$icted person.

)@* 2f the con$icted person gi$es assurances relating to his future conduct< the court shall

t%picall% refrain pro$isionall% from issuing directions if it is to be eApected that the assurances

will be fulfilled.

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Section /'

Supe&7ision o&'e&

)* !he court shall place the con$icted person under the super$ision and guidance of a probationofficer for all or part of the operational period if this appears necessar% to pre$ent him from

committing offences.

)0* !he court shall t%picall% issue an order pursuant to subsection )* abo$e if it suspends a

sentence of imprisonment of more than nine months and the con$icted person is less thantwent%-se$en %ears of age.

)1* !he probation officer shall offer assistance and care to the con$icted person. 2n cooperationwith the court he shall super$ise the fulfilment of an% conditions and directions as well as of an%

offers and assurances. ;e shall report on the wa% the con$icted person is conducting himself< atinter$als determined b% the court. ;e shall inform the court as to serious or persistent $iolations

of the conditions< directions< offers or assurances.

)@* !he probation officer shall be appointed b% the court. 2t ma% gi$e him instructions concerning

his functions under subsection )1* abo$e.

)9* !he functions of the probation officer shall be eAercised on a full-time official or honorar%

basis.

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Section /e

Su-se


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Section /+

O&'e& +o& suspen'e' sentence to t$;e e++ect

)* !he court shall order the suspended sentence to ta'e effect if the con$icted person:

. commits an offence during the operational period showing that the eApectation on which the

suspension was based< has been disappointedE

0. grossl% or persistentl% $iolates directions or persistentl% e$ades the super$ision and guidance

of the probation officer< thereb% causing reason for fear that he will re-offendE or

1. grossl% or persistentl% $iolates conditions.

=o of the st sentence of this subsection shall appl% mutatis mutandis if the offence wascommitted in the interim period between the decision suspending the sentence and its becoming

finalE it shall also appl% in cases of the subseHuent fiAing of aggregate sentences if the offencewas committed in the period between the decision on the suspension of a udgment included in

the aggregate sentence and the date when the aggregate sentence became final.

)0* !he court shall not order the suspended sentence to ta'e effect if it is of the opinion that it

would suffice

. to impose further conditions or directions< in particular to place the con$icted person under

the super$ision of a probation officerE or

0. to prolong the operational period or period of super$ision.

2n cases pursuant to =o 0 abo$e the operational period must not be prolonged for more than one-

half of the originall% imposed period.

)1* !he con$icted person shall not be compensated for ser$ices rendered in fulfilment ofconditions< offers< directions or assurances. 2f a suspended sentence is put into effect the court

ma% credit ser$ices which the con$icted person has rendered in fulfilment of conditions under

section 9,b)0* st sentence =os 0 to @< or related offers under section 9,b)1* towards thesentence.

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Section /0

Re!ission o+ sentence



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)* Cnless the court orders the suspended sentence to ta'e effect< it shall remit the sentence after

eApiration of the operational period. Section 9,f)1* st sentence shall appl%.

)0* !he court ma% re$o'e the remission if the con$icted person has been sentenced to

imprisonment of not less than siA months for an intentional offence committed during the

operational period. !he re$ocation ma% onl% be declared within one %ear after the eApiration ofthe operational period and siA months after the new udgment has become final. Section 9,f )*

0nd sentence and )1* shall appl% mutatis mutandis.

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Section /2

Con'ition$# e$ &e#e$se3+i)e'=te&! i!p&ison!ent

)* !he court shall grant conditional earl% release from a fiAed-term sentence of imprisonment

under an operational period of probation< if

. two thirds of the imposed sentence< but not less than two months< ha$e been ser$edE and

0. the release is appropriate considering public securit% interestsE and

1. the con$icted person consents.

!he decision shall particularl% consider the personalit% of the con$icted person< his pre$ioushistor%< the circumstances of his offence< the importance of the legal interest endangered should

he re-offend< the conduct of the con$icted person while ser$ing his sentence< his circumstancesand the effects an earl% release are to be eApected to ha$e on him.

)0* +fter one half of a fiAed-term sentence of imprisonment< but not less than siA months< ha$e been ser$ed< the court ma% grant conditional earl% release< if

. the con$icted person is ser$ing his first sentence of imprisonment< the term not eAceeding two%earsE or

0. a comprehensi$e e$aluation of the offence< the personalit% of the con$icted person and his

de$elopment while in custod% warrant the acceptance of special circumstances<

and the remaining reHuirements of subsection )* abo$e ha$e been fulfilled.

)1* Sections 9,a to 9,g shall appl% mutatis mutandisE the operational period< e$en if

subseHuentl% reduced< must not be less than the remainder of the sentence. 2f the con$icted

person has ser$ed at least one %ear of his sentence before conditional earl% release is granted the



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court shall t%picall% place him under the super$ision and guidance of a probation officer for all

or a part of the operational period.

)@* !o the eAtent a sentence of imprisonment has been reduced through credit for time ser$ed it

shall be deemed as ha$ing been ser$ed within the meaning of subsections )* to )1* abo$e.

)9* Section 9,f and section 9,g shall appl% mutatis mutandis. !he court shall also re$o'e the

earl% release if the con$icted person< in the period between his con$iction and the decision aboutthe earl% release< has committed an offence which could for factual reasons not be ta'en into

account b% the court when deciding on the earl% release and which would ha$e led to a denial of

earl% release< had it been 'nown at that timeE the con$iction shall be the udgment in those

proceedings in which the underl%ing factual findings could last ha$e been eAamined.

),* !he court ma% den% earl% release from a fiAed-term sentence of imprisonment< if the

con$icted person ma'es insufficient or false statements concerning the whereabouts of obects

which are subect to confiscation or are not subect thereto onl% because the offence has gi$enrise to a claim b% the $ictim under section 31)* 0nd sentence.

)3* !he court ma% fiA a term not eAceeding siA months before the eApir% of which an application

b% the con$icted person for earl% release shall be inadmissible.

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Section /2$

Con'ition$# e$ &e#e$se3#i+e i!p&ison!ent

)* !he court shall grant conditional earl% release from a sentence of imprisonment for life underan operational period of probation< if

. fifteen %ears of the sentence ha$e been ser$edE

0. the particular seriousness of the con$icted personFs guilt does not reHuire its continued

enforcementE and

1. the reHuirements of O 93)* st sentence =os 0 and 1 are met.

Section 93)* 0nd sentence and ),* shall appl% mutatis mutandis.

)0* +n% detention suffered b% the con$icted person as a result of the offence shall Hualif% as a

sentence within the meaning of subsection )* st sentence =o abo$e.



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)1* !he operational period shall be fi$e %ears. Section 9,a)0* st sentence< sections 9,b to 9,g

and section 93)1* 0nd sentence and )9* 0nd sentence shall appl% mutatis mutandis.

)@* !he court ma% fiA terms not eAceeding two %ears< before the eApiration of which an

application b% the con$icted person for earl% release shall be inadmissible.

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Section /2-

Con'ition$# e$ &e#e$se3#i+e i!p&ison!ent $s $00&e0$te sentence

2f imprisonment for life has been imposed as an aggregate sentence the indi$idual offences shall be comprehensi$el% e$aluated in determining the particular seriousness of the guilt )section

93a)* st sentence =o 0*.

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Section /4

A00&e0$te sentence $n' suspension o+ sentence

)* 2f a person has committed more than one offence the length of the aggregate sentence shall bedispositi$e for a suspension under section 9,.

)0* 2f in cases under section 99)* the pre$ious sentence had been suspended or earl% releasefrom it granted and if the aggregate sentence has also been suspended< the minimum of the new

operational period shall be reduced b% an% operational period alread% eApired< but not to lessthan one %ear. 2f the aggregate sentence is not suspended section 9,f)1* shall appl% mutatis

mutandis.

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FIFTH TITLE

WARNING COM:INED WITH DEFERMENT OF SENTENCE( DISCHARGE

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Section /5

Con'itions +o& "$&nin0 $n' 'e+e&!ent

)* 2f a person has incurred a fine not eAceeding one hundred and eight% dail% units< the court

ma% warn him at the time of con$iction< indicate the sentence and defer its imposition if



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. it can be eApected that the offender will commit no further offences without the immediate

imposition of the sentenceE

0. a comprehensi$e e$aluation of the offence and the personalit% of the offender warrant the

eAistence of special circumstances which ob$iate the imposition of a sentenceE and

1. reasons of general deterrence do not demand the imposition of a sentence.

Section 9,)* 0nd sentence shall appl% mutatis mutandis.

)0* +ncillar% orders for confiscation< depri$ation or destruction ma% be imposed in addition to a

warning. + warning with deferment shall not be considered alongside measures of rehabilitationand incapacitation.

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Section /5$

Ope&$tion$# pe&io', con'itions $n' 'i&ections

)* !he court shall determine the length of the operational period. 2t ma% not eAceed two %ears

nor be less than one %ear.

)0* !he court ma% direct the con$icted person

. to ma'e efforts at reconciliation with the $ictim or otherwise ma'e restitution for the harm

caused b% the offenceE

0. to meet his maintenance obligationsE

1. to pa% a sum of mone% to a charitable organisation or the public treasur%E

@. to undergo outpatient medical treatment or outpatient treatment for addictionE

9. to participate in a social training courseE or

,. to participate in road traffic training.

=o unreasonable demands should be imposed on the con$icted personFs lifest%leE the conditions

and directions under the st sentence of this subsection =os 1 to , must not be disproportionate

to the significance of the offence committed b% the con$icted person. Section 9,c)1* and )@* and

section 9,e shall appl% mutatis mutandis.



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Section /5-

O&'e& +o& 'e+e&&e' sentence to t$;e e++ect

)* Section 9,f shall appl% mutatis mutandis to the order for the deferred sentence to ta'e effect.

)0* 2f the deferred sentence is not brought into effect the court shall< upon eApir% of the

operational period< declare that no further action will be ta'en.

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Section /5c

W$&nin0 $n' 'e+e&!ent in c$ses o+ $00&e0$te sentences

)* 2f a person has committed more than one offence sections 91 to 99 shall appl% mutatismutandis to the calculation of the sentence to be deferred.

)0* 2f the con$icted person is subseHuentl% sentenced to a fine or term of imprisonment for an

offence committed before the warning was gi$en< the pro$isions for fiAing an aggregate sentence

)Sections 91 to 99< section 9* shall appl%< the deferred sentence shall< for the purposes of section99< be eHual to an immediate sentence.

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Section 6Disc$&0e

!he court ma% order a discharge if the conseHuences of the offence suffered b% the offender are

so serious that an imposition of penalties would be clearl% inappropriate. !his shall not appl% if

the offender has incurred a sentence of imprisonment of more than one %ear for the offence.

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SI>TH TITLE

MEASURES OF REHA:ILITATION AND INCAPACITATION

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Section 1

O7e&7ie"



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!he measures of rehabilitation and incapacitation are

. mental hospital ordersE

0. custodial addiction treatment ordersE

1. detention for the purpose of incapacitationE

@. super$ision ordersE

9. disHualification from dri$ingE

,. disHualification from eAercising a profession.

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Section %

P&incip#e o+ p&opo&tion$#it

+ measure of rehabilitation and incapacitation must not be ordered if its use is disproportionate

to the seriousness of the offence committed b% or eApected to be committed b% the con$icted person and to the degree of danger he poses to societ%.

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3Custo'i$# !e$su&es3

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Section *

Ment$# ospit$# o&'e&

2f a person has committed an unlawful act in a state of insanit% )section 0* or diminished

responsibilit% )section 0* the court shall ma'e a mental hospital order if a comprehensi$ee$aluation of the offender and the act leads to the conclusion that as a result of his condition<

future serious unlawful acts can be eApected of him and that he therefore presents a danger to thegeneral public.

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Section .

Custo'i$# $''iction t&e$t!ent o&'e&



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2f a person has an addiction to alcohol or other drugs and is con$icted of an unlawful act

committed while he was intoAicated or as a result of his addiction< or is not con$icted onl% because he has been found to be insane or insanit% cannot be eAcluded on the e$idence< the court

shall ma'e a custodial addiction treatment order if there is a danger that he will commit futureserious unlawful acts as a conseHuence of his addiction.

Such order shall not be made unless ab initio there is a sufficientl% certain prospect of success

that the person can be healed b% wa% of custodial addiction treatment or that a relapse into

addicti$e beha$iour and the commission of serious unlawful acts caused b% that addiction can be pre$ented for a substantial period of time.

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Section /

(repealed)

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Section

Detention +o& te pu&pose o+ inc$p$cit$tion

)* !he court shall ma'e an incapacitation order in addition to the term of imprisonment

if

. a person has been sentenced for an intentional offence to a term of imprisonment of not lessthan two %ears< and

a* the offence was directed against life or limb< personal freedom or seAual self-determination<

b* the offence falls under #hapters Bne< Se$en< !went% or !went%-Iight of the Special Part< or

under the #ode of 2nternational #riminal 6aw or the Drugs +ct< and the maAimum sentencethreatened is no less than ten %earsF imprisonment< or

c* $iolates section @9a insofar as the super$ision order was made on the basis of an offence

under a* or b* abo$e< or if it $iolates O 101a insofar as the offence committed in the drun'en statewas one of those mentioned under a* or b* abo$e.

0. the offender had been con$icted for offences under =o. abo$e< committed before the present

offence< at least twice to a term of imprisonment of no less than one %ear each


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1. the offender had for at least one of these offences before the present offence ser$ed at least

two %ears in prison or under a custodial measure of rehabilitation and incapacitation< and

@. a comprehensi$e e$aluation at the time of the present con$iction of the con$icted person and

his offences re$eals that< due to his propensit% to commit serious offences< particularl% of a 'ind

resulting in serious emotional trauma or ph%sical inur% to the $ictim< he poses a danger to thegeneral public.

Section 0)1* shall appl% mutatis mutandis for the classification of an offence as one falling

under the st sentence =o )b* abo$e< and O ,)* @th sentence for the termination of the

super$ision mentioned under the st sentence =o )c* abo$e<

)0* 2f a person has committed three offences under subsection )* st sentence =o. abo$e foreach of which he incurred a sentence of imprisonment of no less than one %ear and has been

sentenced to a term of imprisonment of no less than three %ears for one or more of these

offences< the court ma%< under the conditions indicated in subsection )* st sentence =o. @abo$e< ma'e an incapacitation order in addition to the sentence of imprisonment notwithstanding

that there was no prior detention )subsection )* st sentence =os 0 and 1 abo$e*.

)1* 2f a person is sentenced to a term of imprisonment of at least two %ears for a felon%< whichfulfils the criteria under subsection )* st sentence =o )a* or )b*< or an offence under sections

3@ to 3@c< section 3,< section 34 )* to )@*< section < section 0< section 00@< section009 )* or )0*< or for an intentional offence under section 101a insofar as the offence committed

in the drun'en state is one of the aforementioned offences< the court ma% ma'e an incapacitation

order in addition to the sentence if the offender had alread% been sentenced to imprisonment of atleast three %ears for one or more of those offences committed prior to the new offence< and if thereHuirements indicated in subsection )* st sentence =os 1 and @ abo$e are fulfilled. 2f a person

has committed two of the offences listed in the st sentence of this subsection for each of which

he has incurred a sentence of imprisonment of not less than two %ears and if he is sentenced for

one or more of these offences to a term of imprisonment of no less than three %ears< the courtma%< under the conditions indicated in subsection )* st sentence =o. @ abo$e< ma'e an

incapacitation order in addition to the sentence e$en in the absence of a prior sentence ofimprisonment or detention )subsection )* st sentence =os 0 and 1*. Subsections )* and )0*

abo$e shall remain unaffected.

)@* Nithin the meaning of subsection )* st sentence =o 0 abo$e an aggregate sentence shall be

deemed a single sentence. 2f time spent in custod% on remand or other detention is creditedagainst an% term of imprisonment it shall be deemed as time ser$ed for the purposes of

subsection )* st sentence =o 1 abo$e. + pre$ious offence shall not be considered if a period ofmore than fi$e %ears has passed between its commission and the subseHuent offenceE in the case

of offences against seAual slf-determination the period shall be fifteen %ears. +n% term during


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which the con$icted person was 'ept in detention b% order of a public authorit% shall not be

included in that period. +n offence adudic

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