Radiation crimes
Radiation offenses are offenses that are committed using ionizing radiation .
Situation in Germany
In the German Criminal Code , radiation offenses are classified as publicly dangerous offenses (Section 28, Sections 306 - 323c). The penal provisions serve the repressive radiation protection and complement the preventive regulations of the Atomic Energy Act .
Individuals are punished
- Causing an explosion through nuclear energy § 307 StGB
- Abuse of ionizing radiation § 309 StGB
- Preparation of an explosion or radiation crime § 310 StGB
- Release of ionizing radiation § 311 StGB
- Incorrect manufacture of a nuclear facility, Section 312 of the Criminal Code
Situation in Austria
In the seventh section of the Austrian Criminal Code , publicly dangerous criminal acts and criminal acts against the environment , the following relevant criminal offenses are defined:
- Section 171. Intentional endangerment by nuclear energy or ionizing radiation: in sufficiently serious cases imprisonment of one to ten years.
- Section 172. Negligent endangerment by nuclear energy or ionizing radiation: Imprisonment for up to one year.
- Section 175. Preparation of a crime involving nuclear energy, ionizing radiation or explosives: imprisonment from 6 months to 5 years.
- Section 177b. Unauthorized handling of nuclear material or radioactive substances: Imprisonment up to 3 years, in serious cases from 6 months to 5 years.
The collection or provision of assets for the purpose of criminal acts in connection with nuclear energy or ionizing radiation can fall under terrorist financing (section 278d; imprisonment from six months to five years).
In contrast to German law, there are no criminal provisions for the execution of crimes using nuclear energy or ionizing radiation; the legislature apparently assumes that such acts are covered by other criminal offenses (offenses against other people's assets, terrorist offenses, offenses against life and limb).
In the Austrian Radiation Protection Act , cases that are not covered by criminal law are defined as deliberately unlawful handling of radioactive materials (Section 26a) and punishable by a fine of up to EUR 50,000. However, this fact and other violations of the Radiation Protection Act are administrative violations and are therefore not punished by a court .
Situation in Switzerland
In Switzerland, a hazard from nuclear energy, radioactive substances or ionizing radiation is punished according to Art. 226bis StGB and disregard of safety regulations according to Chapter 9 of the Nuclear Energy Act of March 21, 2003.
