Disturbing the public peace by threatening criminal offenses
The disturbing the peace by the threat of crime is in Germany a separate criminal offense according to § 126 of the Criminal Code (Criminal Code). It reproduces the earlier criminal offense of forced land . Outside of Germany it is still sometimes referred to as such.
In the past, compulsory land only provided criminal liability for the threat of crimes that are only dangerous to the public, such as arson . The general threat of violation of individual rights , such as murder , grievous bodily harm or robbery , was not yet covered.
According to the offense, the public peace is protected , more precisely the awareness of being able to shape everyday life undisturbed from attacks by others in general life.
The threat must address a not inconsiderable group of people. It is not enough for this to happen in the private sphere, unless it is passed on to other people. The threat must also go beyond the criminal offense of threat ( Section 241 of the Criminal Code) in terms of its unjust content, because the threat must ultimately be intended for the public, not for the individual.
The disturbance is seen as an abstract threat (“who threatens to disturb the public peace in a way that is suitable”) to the public peace. Often the danger may already be viewed as having occurred when the statement is made public.
According to Section 126 (2) of the Criminal Code, those who, against their better judgment, pretend that one of the catalog offenses is imminent will also be punished .
Offenses
In the meantime, the regulation has been expanded to include numerous offenses under the catalog of criminal offenses. According to the prevailing opinion, the offenses must alone be unlawful and therefore not necessarily culpable:
- Murder, manslaughter ( § 211 , § 212 StGB), genocide, crimes against humanity, war crimes (§§ 6–12) VStGB ;
- serious bodily harm ( § 226 StGB);
- (Heavy) trafficking in human beings ( Section 232 Paragraphs 3 to 5, Section 233 Paragraph 3 StGB);
- Kidnapping (including extortionate kidnapping ), kidnapping and hostage-taking ( § 234 , § 234a , § 239a , § 239b ) StGB;
- Robbery, blackmail and predatory attack on drivers ( § 249 to § 251 , § 255 , § 316a StGB)
- serious breach of the peace , committed with a weapon, in which serious damage is done to property of others or people are seriously harmed or are in danger of death ( Section 125a sentence 2 No. 1–4 StGB)
- intentional arson offenses, causing a nuclear energy explosion , causing an explosive explosion ( bomb threat ), misuse or release of ionizing radiation ( section 306 to section 306c , section 307 subsections 1 to 3, section 308 subsections 1 to 3, section 309 subsections 1 to 4, 6, § 311 StGB)
- Causing a flood , disruption of public enterprises , damaging important equipment , failure of telecommunications equipment , homicidal poisoning ( § 313 , § 314 , § 316b , § 317 , § 318 of the Criminal Code)
- Traffic offenses in the form of crime: dangerous interference in rail, ship and air and road traffic, attack on sea and air traffic ( § 315 , § 315b , § 316c StGB)
The criminal offense is an offense , but efforts are evident that want to raise the criminal offense to a crime level.
See also: Section 130a of the Criminal Code ( instructions on criminal offenses )
