Commercial Criminal Law 1954
| Basic data | |
|---|---|
| Title: | Law to further simplify white collar crime |
| Short title: | Commercial Criminal Law 1954 |
| Abbreviation: | WiStrG 1954 (not official) , WiStG 1954 (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Criminal law |
| References : | 453-11 |
| Original version from: | July 9, 1954 ( BGBl. I p. 175 ) |
| Entry into force on: | July 10, 1954 |
| New announcement from: | June 3, 1975 ( BGBl. I p. 1313 ) |
| Last change by: |
Art. 2 G of December 21, 2019 ( Federal Law Gazette I p. 2911 ) |
| Effective date of the last change: |
January 1, 2020 (Art. 4 G of December 21, 2019) |
| GESTA : | C103 |
| Please note the note on the applicable legal version. | |
The Economic Criminal Law 1954 (WiStrG 1954) is a German secondary law that defines some administrative offenses and criminal offenses for different markets .
The WiStrG 1954 replaced the Economic Criminal Law of July 26, 1949 ( WiGBl. P. 193). The WiStrG 1954 serves primarily as a collection of blanket regulations in business administration laws and statutory ordinances derived from them .
The regulations of the WiStrG 1954, the basic ideas of which go back to circumstances in the post-war period, are only of secondary importance today. In 2008, just one person was convicted for violating the WiStrG 1954, and in 2007 no one was convicted of such an act.
Material content
§ 1 WiStrG 1954 makes violations of security regulations a punishable offense. This primarily concerns offenses thatparticularly affectthe infrastructural supply of the population , namely violations of the Economic Security Act , the Traffic Security Act , the Food Security Act and the Water Security Act . These offenses are largelycoveredby the core criminal law in the Criminal Code .
Violations of price regulations, e.g. B. on price labeling , are classified as administrative offenses in § 3 , § 4 i. V. m. Section 16 WiStrG 1954 recorded. Violations of the Price Indication Ordinance by § 3 WiStrG 1954 can also be recorded here.
Section 5 WiStrG 1954, on the other hand, flanks protection against usury in renting , which can also be recorded under Section 291 of the Criminal Code . The regulation of § 5 Abs. 2 WiStrG 1954 then also explains when a rental price is unreasonably high.
The § 7 to § 13 WiStrG 1954 contain additional provisions, including asset recovery in relation to the additional proceeds, ie in the difference between the permissible and the illegally obtained higher price, and to collect .
With the law on the further revision of federal law of December 8, 2010 ( Federal Law Gazette I, p. 1864, 1872 ), Sections 20, 21a and 22 WiStrG 1954 were repealed. Obviously, the entire law is not planned to be abandoned , even if the provisions, in particular § 3 WiStrG 1954, may appear doubtful with regard to the requirement of certainty under Article 103, Paragraph 2 of the Basic Law .
Web links
Individual evidence
- ↑ Federal Statistical Office, Special Series 10 Series 3 Law Enforcement, Table 2.1.
- ↑ Economic Security Act of August 24, 1965 ( Federal Law Gazette I p. 920 ); New announcement of October 3, 1968 ( Federal Law Gazette I p. 1069 ).
- ↑ Traffic Safety Act of August 24, 1965 ( BGBl. I p. 927 ); New announcement of October 8, 1968 ( Federal Law Gazette I p. 1082 ).
- ^ Food Security Act of July 9, 1968 ( Federal Law Gazette I p. 782 ); New announcement of August 27, 1990 ( Federal Law Gazette I, p. 1802 ).
- ↑ Water Safety Act of August 24, 1965 ( Federal Law Gazette I p. 1225 , ber. P. 1817 ).
- ↑ See OLG Hamm , NStZ-RR 2005, 91.
- ↑ Cf. also complementarily Art. 229 § 3 Abs. 11 EGBGB .
