Public peace

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The public peace is a term from the German Penal Code . It describes the state of a coexistence of citizens guaranteed by the legal system, free from fear of one another, and the trust in the population, at least a not inconsiderable number of people, in the continuation of this state. The term was already similarly defined by the Reichsgericht as "the state of the calming awareness of the citizens that their legitimate interests guaranteed by the legal system are and will be protected".

It is protected, for example, in the criminal norms § 126 , § 130 , § 140 and § 166 StGB.

The term is criticized in jurisprudence as too vague, as a violation of Article 103, Paragraph 2 of the Basic Law and as unsuitable for limiting the scope of criminal offenses in which the endangerment of the public peace or the suitability for it is a constituent element.

Individual evidence

  1. Lackner / Kühl, StGB, 28th edition 2014, § 126 Rn. 1
  2. RGSt 15, 116
  3. Stübinger in Kindhäuser / Neumann / Paeffgen, Criminal Code, 4th edition 2013, § 166 Rn. 2
  4. ^ Fischer, NStZ 1988, 159
  5. Hörnle in Munich Commentary on the Criminal Code, 2nd edition 2012, § 166 Rn. 23