Does the punishment match the crime?
Concept crime: what is it?
The German Criminal law knows a wide range of different crimes that are not limited to theirs Facts and requirements, but also with regard to the legal interest to be protected as well as to imposed sentence differentiate from each other.
The terms "crime" and "Offense“From each other, although they are often confused with one another in everyday language use or are incorrectly used synonymously, that is, synonymously. In this regard, the question arises, what about the Terminology each has to itself. For example, is a Mayhem a misdemeanor or a crime?
In the following guide we want to explain to you what the difference between an offense and a crime is, which one legal regulations take effect here and from when an offense can be classified as a crime.
A definition of the term “crime” under criminal law can be found here.
A crime can generally be punished with a fine or imprisonment.
Our table gives you an overview of the different crimes that are defined in criminal law.
Definition of "crime"
According to the definition, a crime is when there is a criminal offense in your Minimum size is punished with a prison sentence of one year or more.
That is the difference between one Felony and a misdemeanor. The latter means criminal offenses with a penalty below the limit described above. The minimum here is a prison sentence of less than one year or a fine.
Of course, an offense can also be punished higher, i.e. with a fine or imprisonment for less than one year. The only point of the distinction is the minimum of a penalty to be imposed.
The terms “crime and misdemeanor” are anchored in law in Section 12 criminal code (short: StGB). In paragraph 3 of the standard it is also stipulated that the classification of any legally provided Increased penalties or mitigations remain untouched.
What is a capital crime?
A Capital crime Colloquially means a particularly serious crime which was punishable by death. This is one historical term.
The word derives from that Latin term "capitalis" ab, which means something like "concerning the head or the head". In today's jurisprudence, however, the term capital crime is no longer used.
Crime or misdemeanor: what makes the difference relevant
The Differentiating an offense from a crime is important in many ways in Germany. For example, whether the offense is a misdemeanor or a crime is not irrelevant.
On the one hand, the classification under the terms affects the question of the Criminal liability of an attempted crime out. According to Section 23 (1) of the Criminal Code, attempting to commit an offense is only punishable if this has been expressly provided by law. A attempted crime however, it is always punishable.
Furthermore, the differentiation is important for the Offense of threat, legally standardized in § 241 StGB. It expressly states that only the threat of a crime is to be included in the offense.
Moreover, the concept of crime is also related to the Authority, the eligibility and des A person's right to vote of relevance. According to Section 45 (1) of the Criminal Code, anyone who has been sentenced to imprisonment of at least one year for a crime loses the ability to hold public office and obtain rights from public elections.
On the other hand, it also results for the Jurisdiction of the local or regional courts Different things about crime and misdemeanor. According to § 74 paragraph 1 of Courts Constitution Act (short: GVG) the German criminal chambers of the regional courts are responsible for all at first instance crimewhich do not belong to the jurisdiction of the local court or the higher regional court.
According to the law of criminal procedure, the possibility of proceeding against a person by way of the criminal order procedure is not provided for, if this is a Crimes charged becomes. This can be found in Section 407 (1) of the Code of Criminal Procedure.
What types of crimes does the Criminal Code know?
The StGB standardized various crimeswhich can be found in the following list, which is not exhaustive.
|Paragraph in the StGB||Offense||Minimum penalty|
|Section 80 of the Criminal Code||Treason||10 years imprisonment|
|Section 82 of the Criminal Code||Treason against a country||1 year imprisonment|
|Section 83 of the Criminal Code||Preparing a treason|
Company against the federal government
|1 year imprisonment|
|Section 94 of the Criminal Code||Treason||1 year imprisonment|
|Section 96 of the Criminal Code||Treasonous spying||1 year imprisonment|
|Section 100 of the Criminal Code||Relationships endangering peace||1 year imprisonment|
|Section 105 of the Criminal Code||Coercion of constitutional organs||1 year imprisonment|
|Section 129a of the Criminal Code||Formation of terrorist groups||1 year imprisonment|
|Section 146 of the Criminal Code||Counterfeiting||1 year imprisonment|
|Section 154 of the Criminal Code||perjury||1 year imprisonment|
|Section 176a of the Criminal Code||Serious child sexual abuse||1 year or 2 years imprisonment (depending on the variant of the offense)|
|Section 177 of the Criminal Code||Sexual coercion, rape||1, 2, 3 or 5 years imprisonment (depending on the variant of the offense)|
|Section 211 of the Criminal Code||murder||life imprisonment|
|Section 212 of the Criminal Code||homicide||5 years imprisonment|
|Section 226 of the Criminal Code||Serious assault||1 year imprisonment|
|Section 234 of the Criminal Code||Kidnapping||1 year imprisonment|
|Section 239a of the Criminal Code||Extortionate kidnapping||5 years imprisonment|
|Section 244a of the Criminal Code||Serious gang theft||1 year imprisonment|
|Section 249 of the Criminal Code||robbery||1 year imprisonment|
|Section 250 of the Criminal Code||Heavy robbery||3 or 5 years imprisonment (depending on the variant of the offense)|
|Section 252 of the Criminal Code||Predatory theft||1 year imprisonment|
|Section 306 of the Criminal Code||Arson||1 year imprisonment|
|Section 308 of the Criminal Code||Causing an explosive device to explode||1 or 2 years imprisonment (depending on the variant of the offense)|
|Section 316a of the Criminal Code||Predatory attack on motorists||5 years imprisonment|
|Section 316c StGB||Attacks on air and sea transport||5 years imprisonment|
|§ 339||Perversion of the law||1 year imprisonment|
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