Misuse of ionizing rays
| year | cases | Clearance rate |
|---|---|---|
| 1987 | 1 | 0% |
| 1988 | 0 | - |
| 1989 | 0 | - |
| 1990 | 2 | 50% |
| 1991 | 2 | 50% |
| 1992 | 1 | 100% |
| 1993 | 1 | 100% |
| 1994 | 0 | - |
| 1995 | 1 | 100% |
| 1996 | 2 | 100% |
| 1997 | 0 | - |
| 1998 | 3 | 66.7% |
| 1999 | 2 | 100% |
| 2000 | 2 | 50% |
| 2001 | 1 | 0% |
| 2002 | 3 | 100% |
| 2003 | 1 | 0% |
| 2004 | 2 | 50% |
| Source: PKS (code 6753) | ||
The abuse of ionizing radiation is one of the radiation crimes under German criminal law . The use of ionizing radiation to damage people or property is sanctioned . Since 1998 the regulations can be found in § 309 StGB (previously § 311a StGB old version); the regulations are based on § 41 AtG a. F. back. In this homicidal crime is a potential threat offense . Acts that are committed against people are crimes within the meaning of Section 12 of the German Criminal Code, acts against things are offenses.
The crime statistics list twenty-four cases for the years 1987 to 2004, sixteen of which were cleared up; this corresponds to a clearance rate of 67%.
Offense
Endangering people (paras. 1 and 2)
According to Paragraph 1, it is punishable for a company to expose a person to ionizing radiation (e.g. X-rays ) that is likely to damage health. The perpetrator must act with the intention of harming another person's health. A company ( Section 11, Paragraph 1, No. 6 of the Criminal Code) already exists when the perpetrator has attempted to expose his victim to radiation; there need not have been a specific hazard or actual damage to health. The sentence is one year to ten years imprisonment , in less serious cases six months to five years (para. 5).
If a large number of people have been exposed to radiation, Paragraph 2 provides for a prison sentence of no less than five years. An unmistakable number must be so large that "even an objective observer cannot easily overlook it, that is, its approximate number cannot be determined" ( Lit .: E 1962, p. 503).
Success qualifications (Paragraphs 3 and 4)
In the event that the radiation causes serious damage to health in an act pursuant to Paragraph 1 or that the health of a large number of people is damaged, imprisonment for less than two years can be recognized (Paragraph 3), in less severe cases Cases for one year to ten years (para. 5). When it comes to a large number of people is not legally defined, see BGHSt 44, 175.
The qualification for success in paragraph 4 provides for a life sentence or imprisonment not less than ten years for acts according to paragraphs 1 and 2 , provided that the death of another person is at least recklessly caused by the radiation.
Endangering things (Paragraph 6)
According to Paragraph 6, it is a criminal offense to expose someone else's property to ionizing radiation that is capable of impairing the usability of the thing. The perpetrator must act with the intention of impairing the usefulness of the thing. In contrast to Paragraphs 1 and 2, one company is not sufficient to fulfill the requirements - the item must have been exposed to radiation.
The penalty is imprisonment of up to five years or a fine. The attempt is punishable.
Resignation and active repentance
Since an act according to Paragraphs 1 and 2 is already completed through the attempt, withdrawal ( Section 24 StGB) is no longer possible from this point in time. However, if the perpetrator averts the danger voluntarily, the court can mitigate his sentence for active repentance ( Section 314a StGB) or waive the penalty altogether.
Competitions
Paragraphs 1 and 2 can be a unit of homicide and bodily harm offenses (§ § 211 et seq. , § § 223 et seq. StGB). An act under para. 4 displaces the manslaughter ( § 222 of the Criminal Code), but even of murder and manslaughter displaced.
Paragraph 6 may involve damage to property (Section 303 f. StGB), disruption of public operations ( Section 316b StGB) and disruption of telecommunications systems ( Section 317 StGB).
literature
- Draft criminal code . Bonn 1962. BT-Drs. IV / 650.
- Adolf Schönke, Horst Schröder: Criminal Code . Verlag CH Beck, Munich 2001. Commentary on § 309. ISBN 3-406-45865-3 .
