Scripture (criminal law)
In German criminal law, a document is the starting point for numerous criminal offenses . Fonts are not defined in Section 11 (3) of the Criminal Code . Only sound and image carriers , data storage media , images and other representations are equated with them.
definition
According to the definition of the Federal Court of Justice , "writing [...] is a compilation of signs that can be perceived by the eyes or the sense of touch and indirectly embody thought content". This definition is wider than the meaning of the word “ document ” in the colloquial sense.
Penal regulations
Writings with a certain content are the connecting points of various criminal offenses, which make the production, possession, distribution or other forms of use a punishable offense. These are e.g. B.
- Section 91 and Section 130a ( instructions on criminal offenses ),
- Section 186 ( defamation ), Section 187 ( defamation )
- § 184 , § 184a , § 184b , § 184c StGB in relation to pornographic writings ,
- Section 86 ( dissemination of propaganda material by unconstitutional organizations )
- Section 86a ( Use of symbols of unconstitutional organizations )
- Section 130 ( sedition )
- Section 219a ( advertising for the termination of pregnancy )
Equivalent objects
Section 11 (3) of the Criminal Code makes it clear that criminal offenses that are linked to “writings” and cite the provision of Section 11 of the Criminal Code are also applicable to sound and image carriers, data storage media, images and other representations. Ultimately, every embodied or otherwise (e.g. electronically) available explanation of ideas can be the starting point for corresponding criminal offenses.
literature
- Tröndle / Fischer, StGB, 53rd edition 2006, § 11 Rn. 33 ff