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Criminal Law in Germany 1.

Robbery is after German criminal law the removal of a strange mobile thing by means of force against a person or under menace of a present danger for life and limb with the intention of appropriating the thing or third illegally. This act is standardized in " 249 penal code. It acts with it either around out of theft and bodily injury or around out of theft and compulsion a built up crime. The robbery is by the minimum punishing threat of one year imprisonment a crime. The author, who commits such an act, is called robber.

Penalties: a.)Heavy robber The robbery is qualified, if the author leads weapon or another dangerous tool with itself or if it uses it (" 250 StGB). The moreover one also the robbery with help of a means is seized in this punishing framework, which is to break the resistance of another person. This can be also headlight ape, thus an article, which looks only threatening, for example a toy pistol, if not it is to be recognized that it concerns such. Not to be seized articles, which are used for the threat, without they work at all dangerously, so for example the lip care pin, which is pressed the victim into the back, with the statement, it concern here the run of a pistol. The punishing framework with the qualified robbery amounts to five to fifteen years. b.)Robbery with death sequence If the author causes the death of the victim by thoughtlessness or resolution, then the lower punishing framework is ten years, it can the

lifelong imprisonment be imposed. Thoughtlessness is to be understood as a form of the particularly heavy negligence, thus particularly rough ignoring of the care necessary in traffic.

2. Murder In Germany the term Mord (murder) is officially used for the intentional killing of another person, but only if the case is especially severe. The requirements can be read in 211 of the German Criminal Code, Strafgesetzbuch (StGB). Penalties: The penalty for Mord is lifelong imprisonment, which is usually suspended after 1718 years (15 years minimum) on a probation of 5 years or if the court decided on a special gravity (Feststellung der besonderen Schwere der Schuld), the sentence can only be suspended much later, earliest after 18 years but usually after 22 23 years (the law states that a suspension after 15 years is not possible for "special gravity" crimes, but provides no explicit minimum served time).

3. Rape Penalties Section 177 Sexual coercion; Rape

" (1) Whoever coerces another person 1. by force, 2. by the threat of immediate danger to life or limb, or 3. by exploiting a situation in which the victim is defenceless and at the mercy of the actions of the perpetrator into submitting to sexual acts performed by the perpetrator or by a third person or into performing such acts on the perpetrator or on the third person, shall be punished by

imprisonment of not less than one year.

(2) In particularly serious cases, the punishment shall be imprisonment of not less than two years. A particularly serious case shall normally be deemed to exist if 1. the perpetrator has full sexual intercourse with the victim or performs similar sexual acts on the victim or allows the victim to perform such acts on him or her, which are particularly degrading to the victim, especially if they involve physical penetration (rape), or 2. the offence is committed jointly by several persons.

(3) Imprisonment of not less than three years shall be imposed in cases where the perpetrator 1. carries a firearm or another dangerous implement, 2. otherwise carries an implement or device in order to prevent or overcome the resistance of another person by force or the threat of force, or 3. through the offence exposes the victim's health to the risk of severe impairment.

(4) Imprisonment of not less than five years shall be imposed in cases where the perpetrator 1. in committing the offence uses a firearm or another dangerous implement, or 2. i) in committing the offence seriously physically maltreats the victim, or ii) through the offence places the victim in mortal danger.

(5) In less serious cases referred to under subsection 1, the punishment shall be imprisonment from six months to five years; in less serious cases referred to under subsections 3 and 4, the punishment shall be imprisonment from one year to ten years.

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