Instructions on crime

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The incitement to criminal offenses in Germany § 130a of according to the Criminal Code (CC), a misdemeanor that with imprisonment up to three years or fine will be punished. The reward and approval of crime ( § 140 Penal Code) is punishable.

text

The wording of § 130a StGB reads:

(1) Anyone who writes (Section 11 (3)) that is suitable for use as a guide to an illegal act referred to in Section 126 (1) and whose content is intended to encourage or arouse the willingness of others, Committing such an act, disseminating it or making it available to the public is punishable by imprisonment of up to three years or a fine.

(2) Anyone who

  1. disseminates or makes available to the public a document (Section 11 (3)) that is suitable as a guide to an illegal act referred to in Section 126 (1)
  2. gives instructions publicly or in a meeting on an illegal act mentioned in Section 126 (1),

to encourage or arouse the willingness of others to commit such an act.

(3) Pursuant to paragraph 1, anyone who makes a content referred to in paragraph 1 or paragraph 2 number 1 available to the public by means of radio or telemedia is also punished.

(4) Section 86 (3) applies accordingly.

Offense

Section 130a StGB is an abstract endangering offense . Public peace is aprotected legal interest . The offense requires conditional intent on the part of the perpetrator , who disseminates instructions that are suitable for committing an act according to Section 126 of the Criminal Code ( disturbance of the public peace through the threat of criminal offenses ).

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