Law on the Punishment of Slave Robbery and the Slave Trade

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Basic data
Title: Law on the Punishment of Slave Robbery and the Slave Trade
Previous title: Law regarding the punishment of slave robbery and slave trading
Abbreviation: SklHG (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Criminal law
References : 453-7 Federal Law Gazette Part III
Original version from: July 28, 1895
( RGBl. P. 425)
Entry into force on: 17th August 1895
New announcement from: January 1, 1964
( Federal Law Gazette III p. 41)
Last change by: Art. 54 G of December 8, 2010
( Federal Law Gazette I p. 1864, 1872 )
Effective date of the
last change: 		December 15, 2010
(Art. 112 G of December 8, 2010)
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on the punishment of slave robbery and slave trade (SklHG) is a pre-constitutional criminal subsidiary law that punishes the slave trade .

history

After the ratification of the General Acts of the Brussels Anti-Slavery Conference and Declaration ( Brussels Anti-Slavery Acts ), the ordinance concerning the implementation provisions of the General Acts of the Brussels Anti-Slavery Conference was initially adopted in the German Reich as a first executive national law to prevent illegal slave trade enact.

However, the impetus was also given to express the new international legal obligation to combat the slave trade and serfdom in national legislation and to have appropriate penal provisions available. This purpose is that according to Art. 123 of the Basic Law still valid law on the punishment of slaves robbery and the slave trade in the Federal Republic of Germany continue.

Current legal situation

Of the original five paragraphs of the SklHG, only § 2 now exists , in which the operation of the slave trade and the willful participation in the serving transport of slaves is not threatened with imprisonment for less than one year. The acts are therefore crimes . In less serious cases, the penalty is imprisonment from three months to five years.

In the literature , the penalty framework of the SklHG is used to aggravate the criminal offense in the context of qualifications within the meaning of Section 233 (3) StGB ( human trafficking for the purpose of exploiting workers). Sometimes the SklHG was even used as an argument in favor of the dispensability of Section 233 (1) sentence 2 StGB, which also includes "bringing into slavery", because of its relatively low practical importance.

Web links

Wikisource: General Act of the Brussels Anti-Slavery Conference and Declaration. From July 2, 1890  - sources and full texts
Wikisource: Ordinance concerning the implementing provisions of the General Act of the Brussels Anti-Slavery Conference. 17 February 1893  - Sources and full texts

Individual evidence

  1. ↑ of July 28, 1895 (RGBl. 425)
  2. ↑ from July 2, 1890 ( RGBl. 1892 p. 605)
  3. ↑ of February 17, 1893 (RGBl. P. 13)
  4. ^ Sklaverei Meyers Großes Konversations-Lexikon, 6th edition 1905–1909
  5. ↑ MünchKommStGB / Wieck-Noodt § 234 RN 77 f .; LK -StGB / Gribbohm § 234 before RN 1.
  6. ↑ MünchKommStGB / Wieck-Noodt § 234 Rn. 77 f .; S / S - Eser § 234 Rn. 1.
  7. ↑ NK -StGB- sun § 234 RN. 11