Formation of armed groups
The formation of armed groups is a criminal offense that is standardized in Germany in Section 127 of the Criminal Code. The offense is an offense that is punishable by imprisonment for up to two years or a fine .
The offense is an abstract endangering offense that occurs in connection with high treason , relationships endangering peace , the particularly serious case of a breach of the peace , but also the formation of criminal or terrorist organizations according to Section 129 and Section 129a of the Criminal Code can play a role. According to the prevailing opinion , the provision protects the state's monopoly of force , internal legal peace and the military sovereignty of the Federal Republic of Germany .
development
The provision was changed by Article 1 No. 11 of the Sixth Law on the Reform of the Criminal Law with effect from April 1, 1998. The new version not only modernized the terminology - in the old version there was still talk of "armed groups" - but also expanded the scope of the facts considerably.
content
Armed group
By replacing the term “heap” with that of the “group”, the legislature made it clear that the provision does not only apply to alliances that result in armed conflicts. In addition, the group does not have to have been formed permanently or for numerous missions, so that the provision also covers “combat groups” that are active on certain occasions such as demonstrations and occupations .
There are different interpretations of individual questions regarding the constituent element of an armed group . For Thomas Fischer, a majority of at least three people who have come together to commit a threatening or violent act is sufficient, while for other commentators a union of two or three people is usually not enough to pose a significant threat to internal legal peace to be able to.
The group must be armed or have other dangerous tools at their disposal, by which one understands such in the sense of § 244 Paragraph 1 No. 1 StGB. Weapons are understood in the technical sense, that record means to determine are to people physically hurt .
Offense
The offense consists of five possible variants. The perpetrator must have formed, commanded, joined, supplied or supported an armed group without authorization.
Justifications
Because of the rule of law's monopoly on the use of force , general grounds for justification generally do not play a role. Thus, from the point of view of a supposed emergency, neither “self-defense units” of national, ethnic or religious minorities nor armed vigilante groups that claim to want to prevent certain forms of crime can be justified.
Individual evidence
- ↑ Thomas Fischer , Section 127, Formation of Armed Groups, in: Criminal Code and Ancillary Laws, CH Beck, Munich 2012, Rn. 2, p. 909
- ↑ Thomas Fischer, Section 127, Formation of Armed Groups, in: Criminal Code and Additional Laws, CH Beck, Munich 2012, Rn. 3, p. 910
- ↑ Thomas Fischer, Section 127, Formation of Armed Groups, in: Criminal Code and Additional Laws, CH Beck, Munich 2012, Rn. 2, p. 909
- ↑ Thomas Fischer, Section 127, Formation of Armed Groups, in: Criminal Code and Additional Laws, CH Beck, Munich 2012, Rn. 11a, p. 911
