Making an explosion using nuclear energy
The causing an explosion by nuclear energy is one of the radiation crimes of the German criminal law . Since there are no separate regulations in the Atomic Energy Act , the regulation was included in Section 307 of the Criminal Code . The offense is one of the public dangerous offenses . Because of the connection to personal guilt, which is mandatory in German criminal law, the provision can not adequately provide a repressive answer to the dangers involved in handling fissile material. The offense is a specific endangering offense . The act is a crime within the meaning of Section 12 (1) of the Criminal Code.
Offense
The legal offense itself contains different offenses. Its wording:
(1) Anyone who undertakes to cause an explosion by releasing nuclear energy and thereby endangering the life or limb of another person or property of significant value is punishable by imprisonment for no less than five years.
(2) Anyone who causes an explosion by releasing nuclear energy and thereby negligently endangering the life or limb of another person or property of significant value shall be punished with imprisonment from one year to ten years.
(3) If the perpetrator causes the death of another person, at least recklessly, the punishment is
- 1. in the cases of paragraph 1, life imprisonment or imprisonment not less than ten years,
- 2. in the cases of paragraph 2 imprisonment not less than five years.
(4) Anyone who acts negligently in the cases of paragraph 2 and negligently causes the danger is punished with imprisonment for up to three years or with a fine.
Release or cause an explosion (para. 1, 2, 4)
The offense is designed as a corporate offense , so that the experimental stage is considered completion. If the perpetrator immediately starts to carry out the act, then paragraph 1 already applies. Because of the particular risk situation created by the perpetrator, this also explains the considerable threat of at least five years imprisonment . If the threat is caused by negligence , Paragraph 2 orders a reduced threat of punishment. Paragraph 4 represents a combination of negligence and negligence and therefore indicates that the intent of the perpetrator in Paragraph 1 must relate to both the offense and the endangerment, in Paragraph 2 only to the offense.
Success qualification (Paragraph 3)
Paragraph 3 is formed as a successful qualification for the first two paragraphs. With regard to the result of death for at least one person, there must be a risk connection and otherwise negligence ( § 18 StGB) must be affirmed.
Active repentance
Lack of possibilities of withdrawal, as the trial - including the disabled - already leads to the achievement of the offense, is in § 314a given the possibility of the Criminal Code the court in active repentance to mitigate the punishment of the offender. For Section 307 (1) of the Criminal Code, the perpetrator must give up the act or otherwise avert the danger. For the other constellations of offenses under Section 307, Paragraph 2 of the Criminal Code, the perpetrator must act at least to the extent that the danger is averted voluntarily without causing significant damage. The same applies to a case under Section 307 (4) of the Criminal Code, although here there is an exemption from punishment. Active repentance under Section 314a does not apply to the successful constellation of Section 307 (3) StGB.
Crime statistics
According to the police crime statistics published by the German Federal Criminal Police Office , seven cases (including one attempt) were recorded between 1990 and 2001 and one case in 2018. A letter to the editor to the Chaos Computer Club suspects that there are data entry errors. In response to inquiries from the Federal Criminal Police Office and the State Criminal Police Office, contradicting statements were made about the cause.
Individual evidence
- ↑ BKA - PKS 2018 - time series overview of case tables. Retrieved April 16, 2019 .
- ↑ Antit / error: the number of atomic explosions in Germany is falling. In: the data thrower. # 83. Chaos Computer Club , 2004, accessed April 16, 2019 .
- ↑ I do n't know under this number. In: Utopia. February 4, 2009, archived from the original on April 13, 2016 ; accessed on April 16, 2019 (archive incomplete).
