Obligation Act
| Basic data | |
|---|---|
| Title: | Law on the formal obligation of non-civil servants |
| Short title: | Obligation Act |
| Abbreviation: | VerpflG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Criminal law |
| References : | 453-17 |
| Issued on: | March 2, 1974 ( BGBl. 1974 I p. 469 , 547) |
| Entry into force on: | January 1, 1975 (Section 1 (4) on March 3, 1974) |
| Last change by: | § 1 No. 4 G of August 15, 1974 ( BGBl. 1974 I p. 1942 ) |
| Effective date of the last change: |
January 1, 1975 (Section 3 G of August 15, 1974) |
| Weblink: | Text of the law of obligations |
| Please note the note on the applicable legal version. | |
The Obligation Act regulates the obligations of private individuals working on behalf of the state. It was passed as Article 42 of the Introductory Act to the Criminal Code (EGStGB) of March 2, 1974.
Persons who are not officers within the meaning of § 11 para. 1 no. 2 of the Criminal Code are intended to the conscientious performance of their duties are bound when they firstly at authority or any other body, the tasks of the public administration perceives busy or works for them, secondly with an association or other association, a company or company that carries out, employs or works for a public authority or other body, or thirdly is publicly appointed as an expert . ( § 1 Paragraph 1 Law of Obligations)
The obligation should be made orally and with reference to the criminal consequences. ( Section 1, Paragraph 2 of the Obligation Act) A record must be made of the obligation, which the person obliged to sign must also be made . He receives a copy of the minutes, which can be waived if this is necessary in the interests of the internal or external security of the Federal Republic of Germany. ( Section 1 (3) of the Law on Obligations)
The responsibility for the obligation determined in accordance with § 1 para. 4 Obligation Act.
The persons obliged under Section 1 of the Law on Obligations are the same as those under Section 1 of the Ordinance against Bribery and Betrayal of Secrets by Non-Officials in the version of the notice of May 22, 1943, as well as the public service employees who are obliged to conscientiously fulfill their obligations under a collective bargaining agreement. ( § 2 Law of Obligations)
V-people of the protection of the constitution can be formally obliged according to the obligation law.
The obligated person is subject, as a person particularly obligated for the public service within the meaning of § 11 Abs. 1 Nr. 4 StGB, to the corresponding criminal provisions such as the betrayal of private secrets ( § 203 Abs. 2 Nr. 2), taking advantage ( § 331 StGB) or corruption ( Section 332 of the Criminal Code).
Web links
- Example of a record according to the Law of Obligations, here from the State of Berlin. Retrieved January 2, 2019 .
Individual evidence
- ^ Thuringian Constitutional Protection Act. In: https://www.thueringen.de/ . August 8, 2014, accessed January 2, 2019 .
- ^ Draft of an Introductory Act to the Criminal Code (EGStGB) BT-Drs. 7/550 of May 11, 1973, pp. 194/195
