Failure to report planned crimes
In Germany, failure to report planned criminal offenses is punishable in certain cases under Section 138 of the Criminal Code (StGB). In certain cases and for certain persons (e.g. clergy ) exceptions apply according to § 139 StGB.
Factual requirements
The prerequisite for the fact that the perpetrator learns credibility of planning one of the specified in the law crimes at a time when the performance or success can still be averted, and fails, the Authority or the threatened time display to be reimbursed. This report does not have to be made immediately as long as the delayed report is suitable to avert the execution or the success of the crime.
In this respect, there is an obligation to report these crimes . These are the following:
- Treason
- Treason
- Counterfeiting of money or securities
- Murder , manslaughter , genocide , crimes against humanity , war crimes, or crimes of aggression
- an offense against personal freedom in the following cases
- Robbery or predatory extortion
- a public offense
- Arson
- Making an explosion using nuclear energy
- Misuse of ionizing rays
- Preparing for an Explosive or Radiation Crime
- Causing a flood
- Public poisoning
- Dangerous interference in rail, ship and air traffic
- Dangerous interference with road traffic
- Predatory attack on motorists
- Attacks on air and sea transport
Failure to report planned crimes can generally only be committed by a third party. The perpetrator of the planned criminal act, his instigator and his assistant (also if the participation in the crime occurs through omission ) are excluded as perpetrators of § 138 StGB; this also applies if the person is suspected of being involved in the act and the suspicion persists even after the evidence has been taken. On the other hand, the possibility that the suspicion is directed to oneself by reporting the planned crime is not sufficient to exclude an offense.
The commission of the offense is basically independent of any existing right to refuse to testify or of an obligation of confidentiality ; in this respect, the duty to notify is not only the right, but the duty to disclose confidential information, for example to show one's closest relatives. Exceptions apply here, however.
Paragraph 2 standardizes a special regulation for the preparation of a serious act of violence endangering the state and the formation of terrorist groups ; here, in contrast to the above-mentioned offenses, the report must be made immediately to the authorities.
Exceptions
A number of exceptions are standardized in Section 139 of the Criminal Code.
According to Paragraph 3, certain groups of people remain exempt from punishment if they make serious efforts to deter the perpetrator from the act or to avert its success and if it does not involve certain particularly serious crimes such as murder, manslaughter, war crimes or certain crimes committed by terrorist groups . This includes the next of kin, doctors, psychotherapists, lawyers and defense lawyers. The professional assistants of the aforementioned groups of people and their trainees are completely exempt from the notification requirement.
According to Paragraph 2, the notification requirement does not apply to clergy either; this is to avoid a conflict with canon law due to the secrecy of confession .
Anyone who averts the execution or the success of the act other than by filing a complaint remains exempt from punishment according to Paragraph 4. If the act is not carried out for other reasons or if it is unsuccessful, a serious effort is sufficient. If the planned offense has not even been attempted, the penalty can be waived according to Paragraph 1; this is a discretionary decision.
Sentence
The penalty for intent is imprisonment of up to five years or a fine. If the act is committed negligently (Paragraph 3), the only penalty is imprisonment of up to one year or a fine.
