What rights do defendants accused have in court in Germany?

What rights do defendants accused have in court in Germany?

Although German law protects the accused from being repeatedly prosecuted or subjected to double jeopardy, the prosecution as well as the defense may appeal a court judgment, and such an appeal by the prosecution is not considered double jeopardy.

Do you have the right to remain silent in Germany?

Germany. According to § 136 Strafprozessordnung (StPO, i.e. Criminal Procedure Code) a suspect, arrested or not, has to be informed before any interrogation about their right to remain silent. Before any interrogation begins a suspect, arrested or not, must be informed: Of the crime for which he is charged.

What is German criminal code?

The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany.

Who are the offenders in the German Criminal Code?

14. acts committed against public officials, persons entrusted with special public service functions or soldiers in the Federal Armed Forces in the discharge of their duties or in connection with their duties; b) the offender is a European official whose authority has its seat in Germany at the time of the offence,

Can a German national be charged with an offence in Germany?

a)   in the cases under section 218 (2) sentence 2 no. 1 and (4) sentence 1 if the offender is a German national at the time of the offence and b)  in the other cases under section 218 if the offender is a German national at the time of the offence whose livelihood is based in Germany; 9a.   offences against physical integrity

When did the German Criminal Code come into effect?

Full citation: Criminal Code in the version published on 13 November 1998 (Federal Law Gazette I, p. 3322), as last amended by Article 2 of the Act of 19 June 2019 (Federal Law Gazette I, p. 844) An act can only incur a penalty if criminal liability was established by law before the act was committed.

What are the criminal laws for nuclear energy in Germany?

Regardless of which law is applicable at the place where they are committed, German criminal law further applies to the following offences committed abroad: 1.   (repealed) 2.   serious crimes involving nuclear energy, explosives and radiation under section 307 and section 308 (1) to (4), section 309 (2) and section 310; 3.

Is it an offence to participate in a criminal act in Germany?

If the participant to an offence committed abroad acted within the territory of the Federal Republic of Germany, German criminal law applies to the participation even if the act is not a criminal offence according to the law of the place of its commission.

Which is the latest version of the German Criminal Code?

Juni 2019 (BGBl. I, S. 844) Version information: The translation includes the amendment (s) to the Act by Article 2 of the Act of 19 June 2019 (Federal Law Gazette I, p. 844) Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter “Translations”.

Regardless of which law is applicable at the place where they are committed, German criminal law further applies to the following offences committed abroad: 1.   (repealed) 2.   serious crimes involving nuclear energy, explosives and radiation under section 307 and section 308 (1) to (4), section 309 (2) and section 310; 3.

What are the Offences against sexual self-determination in Germany?

  offences against sexual self-determination in the cases under section 174 (1), (2) and (4), sections 176 to 178 and section 182 if the offender is a German national at the time of the offence; 9.   offences against life