Paragraph 25 Stgb § 25 StGB in Nachschlagewerken
Strafgesetzbuch . Täterschaft. (1) Als Täter wird bestraft, wer die Straftat selbst oder durch einen anderen begeht. (2) Begehen mehrere die Straftat gemeinschaftlich, so wird. 25 StGB Dauer der mit Freiheitsentziehung verbundenen vorbeugenden Maßnahmen StGB - Strafgesetzbuch merken. Logo Jusline Seitentrenner Paragraf. Paragraf Täterschaft. [1. Januar ]. § Täterschaft. (1) Als Täter wird bestraft, wer die Straftat selbst oder durch einen anderen begeht. (2) Begehen. Fassung gemäss Art. 2 Ziff. 1 des BB vom März über die Genehmigung und die Umsetzung des Fakultativprotokolls vom Mai zum Übereink.
1 §§ 25 - 27 gelten seit dem ; sie lösten die im wesentlichen bis zu Noch mehr: für die Frage nach der Täterschaft des § StGB wandte BGHSt 19, nur mit einer um eine Nummer erhöhten Numerierung der Paragraphen (also. Fassung gemäss Art. 2 Ziff. 1 des BB vom März über die Genehmigung und die Umsetzung des Fakultativprotokolls vom Mai zum Übereink. Täterschaft. (1) Als Täter wird bestraft, wer die Straftat selbst oder durch einen anderen begeht. (2) Begehen mehrere die Straftat gemeinschaftlich, so wird. StGB: In § 25 II ist die Mittäterschaft gesetzlich normiert. Beispiel: A und B planen, gemeinschaftlich die Brieftasche des C zu stehlen, indem A. Täter einer Straftat ist nach § 25 Abs. 1 1. Alt. StGB, wer die Straftat selbst begeht. In § 25 Abs. 1 2. Alt StGB ist die mittelbare Täterschaft geregelt, bei der der. 1 StGB wird als Täter bestraft, wer die Straftat selbst begeht. § 25 I Var. 2 StGB stellt demgegenüber die mittelbare Täterschaft unter Strafe, wenn eine Person die. 1 §§ 25 - 27 gelten seit dem ; sie lösten die im wesentlichen bis zu Noch mehr: für die Frage nach der Täterschaft des § StGB wandte BGHSt 19, nur mit einer um eine Nummer erhöhten Numerierung der Paragraphen (also. (1) Der erweiterte Verfall nach § 20b Abs. 1 StGB ist ausgeschlossen, soweit wenn die Anhaltezeit (§ 25 Abs. 1) abgelaufen ist oder im Fall der Anhaltung in.
In view of these developments, two years before the founding of the German Empire , the Prussian kingdom, worried over the future of the paragraph, sought a scientific basis for this piece of legislation.
The Ministry of Justice assigned a Deputation für das Medizinalwesen "Deputation for medical knowledge" , including, among others, the famous physicians Rudolf Virchow and Heinrich Adolf von Bardeleben , who, however, stated in their appraisal of March 24, that they were unable to give a scientific grounding for a law that outlawed zoophilia and male homosexual intercourse , distinguishing them from the many other sexual acts that were not even considered as matters of penal law.
Nevertheless, the draft penal law submitted by Bismarck in to the North German Confederation retained the relevant Prussian penal provisions, justifying this out of concern for " public opinion ".
On January 1, , exactly one year after it had first taken effect, the penal code of the North German Confederation became the penal code of the entire German Empire.
By this change, sexual intercourse between men became again a punishable offence in Bavaria as well. Almost verbatim from its Prussian model from , the new Paragraph of the imperial penal code specified:.
Unnatural fornication, whether between persons of the male sex or of humans with beasts, is punished with imprisonment, with the further punishment of a prompt loss of civil rights.
Even in the s, individuals such as Karl Heinrich Ulrichs and Karl Maria Kertbeny had unsuccessfully raised their voices against the Prussian paragraph This case was argued, for example, in an petition drafted by physician and WhK chairman Magnus Hirschfeld , urging the deletion of Paragraph ; it gathered 6, signatories.
On the contrary, ten years later the government laid plans to extend Paragraph to women as well. The danger to family life and to youth is the same.
The fact that there are more such cases in recent times is reliably testified. It lies therefore in the interest of morality as in that of the general welfare that penal provisions be expanded also to women.
Allowing time for the refinement of the draft, it was set to appear before the Reichstag no earlier than World War I and the defeat of the German Empire consigned it to the dustbin.
There was a vigorous grassroots campaign against Paragraph between and , led by an alliance of the Gemeinschaft der Eigenen and the Wissenschaftlich-humanitäre Komitee.
But, much as during the time of the Empire, during the Weimar Republic the parties of the left failed to achieve the abolition of Paragraph , because they lacked a majority in the Reichstag.
The plans of a center- right regime in to increase the penalties of Paragraph came closer to fruition; but they, too, failed.
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 that because all men were assumed to be more aggressive and predatory than women, lesbianism would not be criminalized.
Therefore, it was argued, 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.
Juni BGBl. For conditions governing use of this translation, please see the information provided under "Translations". General Part. Chapter 1 The criminal law.
Title 1 Scope of application. Section 1 No punishment without law. Section 2 Temporal application. Section 3 Application to offences committed on German territory.
Section 4 Application to offences committed on German ships and aircraft. Section 5 Offences committed abroad with specific domestic connection.
Section 6 Offences committed abroad against internationally protected legal interests. Section 7 Other offences committed abroad.
Section 8 Time of offence. Section 9 Place of commission of offence. Section 10 Special provisions for juveniles and young adults.
Title 2 Terminology applied. Section 11 Definitions. Section 12 Serious and less serious criminal offences. Chapter 2 The act. Title 1 Basic principles of criminal liability.
Section 13 Commission by omission. Section 14 Acting as agent. Section 15 Intentional and negligent conduct. Section 16 Mistake of fact. Section 17 Mistake of law.
Section 18 More severe penalty based on specific results of offence. Section 19 Lack of criminal responsibility of children. Section 20 Lack of criminal responsibility due to mental illness.
Section 21 Diminished responsibility. Title 2 Attempt. Section 22 Definition. Section 23 Criminal liability for attempt. Section 24 Abandonment of attempt.
Title 3 Commission and participation. Section 25 Commission of offence. Section 26 Abetting. Section 27 Aiding. Section 28 Special personal characteristics.
Section 29 Separate criminal liability of parties to offence. Section 30 Attempted participation. Section 31 Withdrawal from attempted participation.
Title 4 Self-defence and necessity. Section 32 Self-defence. Section 33 Excessive self-defence. Section 34 Necessity as justification. Section 35 Necessity as defence.
Title 5 Immunity for statements and reports made in parliament. Section 36 Parliamentary statements. Section 37 Parliamentary reports.
Chapter 3 Legal consequences. Title 1 Penalties. Section 38 Term of imprisonment. Section 39 Determination of term of imprisonment.
Section 40 Daily rates. Section 41 Fine in addition to imprisonment. Section 42 Relaxation of payment conditions. Section 43 Default imprisonment.
Additional penalty. Section 44 Driving ban. Incidental legal consequences. Section 45 Loss of ability to hold public office, to vote and be elected.
Section 45a Entry into effect and calculation of duration. Section 45b Reinstatement of abilities and rights. Title 2 Fixing of penalties. Section 46 General principles.
Section 46a Victim—offender mediation, restitution. Section 46b Contributing to discovery or prevention of serious crimes. Section 47 Short terms of imprisonment only as exception.
Section 48 repealed. Section 49 Special mitigating circumstances established by law. Section 50 Multiple mitigating circumstances. Section 51 Crediting of time spent in remand detention.
Title 3 Fixing of penalties for multiple offences. Section 52 Several offences committed by one act. Section 53 Joinder of offences.
Section 54 Fixing of aggregate sentence. Section 55 Subsequent fixing of aggregate sentence. Title 4 Suspension of sentence on probation.
Section 56 Suspension of sentence. Section 56a Probation period. Section 56b Conditions. Section 56c Directions.
Section 56d Probation services. Section 56e Subsequent decisions. Section 56f Revocation of suspension of sentence. Section 56g Remission of sentence.
Section 57 Suspension of remainder of determinate sentence of imprisonment. Section 57a Suspension of remainder of imprisonment for life.
Section 57b Suspension of remainder of aggregate sentence of imprisonment for life. Section 58 Aggregate sentence and suspension of sentence.
Title 5 Warning with sentence reserved, dispensing with penalty. Section 59 Conditions for warning with sentence reserved.
Section 59a Probation period, conditions and directions. Section 59b Imposition of sentence reserved. Section 59c Aggregate sentence and warning with sentence reserved.
Section 60 Dispensing with penalty. Title 6 Measures of reform and prevention. Section 61 Overview. Section 62 Principle of proportionality.
Measures involving deprivation of liberty. Section 63 Placement in psychiatric hospital. Section 64 Placement in addiction treatment facility.
Section 65 repealed. Section 66 Placement in preventive detention. Section 66a Preventive detention reserved.
Section 66b Subsequent order of preventive detention. Section 66c Organisation of preventive detention and preceding imprisonment.
Section 67 Sequence of enforcement. Section 67a Transfer to another measure. Section 67b Simultaneous suspension of measure.
Section 67c Deferred start of placement. Section 67d Period of placement. Section 67e Review. Section 67f Multiple orders.
Section 67g Revocation of suspended measures. Section 67h Limited order for measure to take effect; crisis intervention. Supervision of conduct. Section 68 Preconditions.
Section 68a Supervisory authority, probation service, forensic outpatient service. Section 68b Directions. Section 68c Period of supervision of conduct.
Section 68d Subsequent decisions; review period. Section 68e Termination or stay of supervision. Section 68f Supervision of conduct after serving full sentence.
Section 68g Supervision of conduct and suspension on probation. Disqualification from driving. Section 69 Disqualification from driving. Section 69a Period of disqualification.
Section 69b Effect of disqualification of foreign licence. Disqualification from exercising profession. Section 70 Order for disqualification from exercising profession.
Section 70a Suspension of disqualification from exercising profession. Section 70b Revocation of suspension and disposal of disqualification from exercising profession.
Common provisions. Section 71 Independent orders. Section 72 Joinder of measures. Title 7 Confiscation. Section 73 Confiscation of proceeds of crime from offenders and participants.
Section 73a Extended confiscation of proceeds of crime from offenders and participants. Section 73b Confiscation of proceeds of crime from other persons.
Section 73c Confiscation of value of proceeds of crime. Section 73d Calculation of value of obtained object; estimate.
Section 73e Preclusion of confiscation of proceeds of crime or of equivalent sum of money. Section 74 Confiscation of products of crime, means of crime or objects of crime from offenders and participants.
Section 74a Confiscation of products of crime, means of crime or objects of crime from other persons. 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.
Paragraph 25 Stgb - InhaltsverzeichnisMit der Vollziehung dieses Bundesgesetzes ist der Bundesminister für Justiz betraut. Zwangsprostitution — Ausbeutung zu sexuellen Zwecken. In einer von Tiedemann betreuten Dissertation legte H. Jeder, der an einer Ordnungswidrigkeit ursächlich mitgewirkt hat, wird als Täter angesehen vgl.
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