Active repentance

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The reliability active ( § 320 StGB ) is a Strafaufhebungs- or mitigation of punishment in German criminal .

In principle, active repentance presupposes that the perpetrator wants to distance himself from his act after he has started his act. If the perpetrator tries to avert success, there is the possibility for certain offenses to reward this by reducing the sentence.

Attempted crime

In the case of the attempted crime, active repentance is in any case a reason for resignation within the meaning of Section 24 of the Criminal Code , even if the attempt has ended and in any case has not failed. However, the actual success must not have occurred.

Completed crimes

Not all offenses provide for mitigation of penalties for active repentance. Such a regulation is usually required when the completion date is set very early ( corporate offense ). Offenses which, in the event of active repentance, offer the offender the prospect of mitigation or suspension of the sentence are in particular offenses against the existence of the Federal Republic of Germany ( Section 83a , Section 87 (3), Section 98 (2), Section 129 (6) StGB), counterfeiting offenses ( § 149 para. 3 of the Criminal Code) and statement offenses ( § 158 of the Criminal Code), but also the homicidal offenses (see. § 306e , § 314a , § 320 of the Criminal Code) as certain office offenses ( § 330b of the Criminal Code).

Also at extortionate kidnapping ( § 239a of the Criminal Code), in criminal collusion in the competition ( § 298 para. 3 of the Criminal Code), in which money laundering ( § 261 para. 9 of the Criminal Code), the subsidy fraud ( § 264 para. 5 of the Criminal Code), the credit fraud ( Section 265b of the Criminal Code), special grounds for suspension of punishment are provided for active repentance.

In addition, it is sometimes suggested in the literature to apply these provisions on active repentance as a general principle of criminal law to other provisions, in particular to corporate offenses.