Strafgesetzbuch, StGB, §78 StGB Verjährungsfrist, §78a StGB Beginn, §78b StGB Ruhen, §78c wird zitiert von: 12 Artikeln | 1 Paragraphen | Urteilen. Lesen Sie § 78 StGB kostenlos in der Gesetzessammlung von buchananforwyoming.com mit über Gesetzen und Vorschriften. Verfolgungsverjährung nach § 78 StGB: Wann verjährt eine Straftat? den in den Paragraphen des Strafgesetzbuches festgelegten möglichen Höchststrafen.
VerfolgungsverjährungWie lange dauert es, bis Verjährung nach § 78 StGB eintritt? Kann die Dauer unterbrochen werden? Was kann ich unter Ruhen der Verjährung nach § 78b StGB. §78a S.1 StGB) sind mehr als fünf Jahre vergangen; dass. Diebstahl gemäß §78 III Nr.4 StGB nach fünf Jahren verjährt, ergibt. Strafgesetzbuch (StGB) § 78 Verjährungsfrist. (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus.
Paragraph 78 Stgb Kommentar schreiben VideoParagraf 78 Company Credits. Section c Sports betting fraud. If an offence under Rounderssection 1 or 2sectionMeiste Grand Slam Titel 12 or 3the latter also in conjunction with 5or 4also in conjunction with 6has been committed.
Der deutsche Songs In Serien ist super und zu gГnstigen Zeiten stets erreichbar. - SachverhaltEin Tag Haft entspricht einem Tagessatz Geldstrafe. § 78 StGB Verjährungsfrist Strafgesetzbuch - buchananforwyoming.com buchananforwyoming.com /gesetz//ahtm (1) Die Verjährung schließt die Ahndung der Tat und die Anordnung von Maßnahmen (§ 11 Abs. 1 Nr. 8) aus. § 76a Absatz 2 bleibt unberührt. (2) Verbrechen nach § . Lesen Sie § 78 StGB kostenlos in der Gesetzessammlung von buchananforwyoming.com mit über Gesetzen und Vorschriften. Section 78 Period of Limitation (1) The imposition of punishment and the ordering of measures (Section 11 subsection (1), no. 8) shall be excluded on expiry of the period of the statute of limitations. Section 76a subsection (2), sent.1, no. 1, shall remain unaffected.
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Whoever, in accordance with his understanding of the act, takes an immediate step towards the realization of the elements of the offense, attempts to commit a crime.
If the act is not completed due in no part to the contribution of the abandoning party he shall not be punished if he makes voluntary and earnest efforts to prevent its completion.
However his voluntary and earnest efforts to prevent the completion of the act shall suffice for exemption from punishment, if the act is not completed due in no part to his contribution or is committed independently of his earlier contribution to the act.
Whoever intentionally induces another to intentionally commit an unlawful act, shall, as an inciter, be punished the same as a perpetrator.
It shall be mitigated pursuant to Section 49 subsection 1. Every participant shall be punished according to his own guilt irrespective of the guilt of the other.
However the punishment shall be mitigated pursuant to Section 49 subsection 1. Section 23 subsection 3 shall apply accordingly.
If the perpetrator exceeds the limits of necessary defense due to confusion, fear or fright, then he shall not be punished.
Whoever, faced with an imminent danger to life, limb, freedom, honor, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the conflicting interests, in particular the affected legal interests and the degree of danger threatening them, the protected interest substantially outweighs the one interfered with.
This shall apply, however, only to the extent that the act is a proportionate means to avert the danger.
This shall not apply to the extent that the perpetrator could be expected under the circumstances to assume the risk, in particular, because he himself caused the danger or stood in a special legal relationship; however the punishment may be mitigated pursuant to Section 49 subsection.
The punishment shall be mitigated pursuant to Section 49 subsection 1. Members of the Bundestag Federal Parliament , the Federal Assembly or a legislative body of a Land constituent state , may at no time be subject to liability outside of the body because of their vote or an utterance which they made within the body or one of its committees.
This shall not apply to slanderous insults. Truthful reports about the public sessions of the bodies indicated in Section 36 or their committees remain exempt from any liability.
Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period, in full months and years.
It shall amount to at least five and, if the law does not provide otherwise, at most three hundred and sixty full daily rates.
In doing so, it takes as a rule the average net income which the perpetrator has, or could have, in one day as its starting point. A daily rate shall be fixed at a minimum of two and a maximum of ten thousand German marks.
If by the act the perpetrator enriched, or tried to enrich himself, then a fine, which otherwise would have been inapplicable or only optional, may be imposed collateral to imprisonment, if it is appropriate, taking into consideration the personal and financial circumstances of the perpetrator.
This shall not apply if the court imposes a property fine pursuant to Section 43a. If the convicted person, due to his personal or financial circumstances, cannot be expected to pay the fine immediately, the court shall grant him a payment deadline or allow him to pay in specified instalments.
The court may also order that the privilege of paying the fine in fixed instalments be withdrawn if the convicted person fails to pay an instalment in time.
Imprisonment is substituted for an uncollectible fine. One daily rate corresponds to one day of imprisonment.
The minimum term of default imprisonment shall be one day. Material benefits which have been ordered forfeited shall be excluded in assessing the value of the assets.
The value of the assets may be estimated. The maximum term of default imprisonment shall be two years, the minimum, one month.
A driving ban shall be ordered, as a rule, in cases of a conviction under Sections c subsection 1 , no. The time in which the perpetrator is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the term of the prohibition.
If a measure of reform and prevention involving deprivation of liberty was ordered collateral to imprisonment, the term shall be calculated beginning on the day the measure was completed.
In doing so consideration shall be given in particular to:. If the law provides for an increased minimum term of imprisonment, the minimum fine in cases covered by sentence 1 is determined by the minimum prescribed term of imprisonment; thirty daily rates shall thus correspond to one month imprisonment.
In case of a fine the same shall apply to the maximum number of daily rates;. A circumstance which alone or together with other circumstances justifies the assumption that the case is less serious and is simultaneously a special statutory mitigating circumstance under Section 49, may only be considered once.
However the court may order that the credit be withheld in whole or in part if it is not justified in light of the conduct of the convicted person after the act.
Subsection 1 shall correspondingly apply to any other deprivation of liberty undergone abroad. If a foreign punishment or deprivation of liberty is to be credited, the court shall determine the rate in its discretion.
It may not be more lenient that the other applicable norms permit. In addition, collateral punishments or consequences and measures Section 11 subsection 1 , no.
However, the court may also separately impose a fine; if in such cases a fine is to be imposed for more than one crime, then an aggregate fine should to that extent be imposed.
In all other cases the aggregate punishment shall be formed by increasing the highest punishment incurred and, in the case of different kinds of punishment, by increasing the punishment most severe in nature.
In doing so, the personal characteristics of the perpetrator and the individual crimes shall be comprehensively evaluated. A previous conviction shall be deemed to be the judgment in the previous proceeding in which the underlying factual findings could last be reviewed.
Particularly to be considered are the personality of the convicted person, his previous history, the circumstances of his act, his conduct after the act, his living conditions and the effects which can be expected as a result of the suspension.
In making the decision the efforts of the convicted person to make restitution for the harm caused by the act should particularly be considered.
It shall not be excluded by the crediting of time served in remand detention or any other deprivation of liberty.
It may not exceed five years nor be less than two years. It may subsequently be reduced to the minimum or prolonged to the maximum before its expiration.
No unreasonable demands should thereby be made on the convicted person. The court should impose a condition pursuant to sentence 1, nos.
No unreasonable demands should thereby be made on the way the convicted person conducts his life. With the approval of the court he shall supervise the fulfillment of the conditions and instructions as well as the offers and promises.
He shall report on the way the convicted person is conducting his life at intervals determined by the court. He shall inform the court as to gross or persistent violations of the conditions, instructions, offers or promises.
It may give him instructions concerning his functions under subsection 3. Sentence 1, no. In cases pursuant to no. If a suspended execution of punishment is revoked, however, the court can credit accomplishments, which the convicted person has rendered in fulfillment of conditions under Section 56b subsection 2 , sent.
Section 56f subsection 3 , sent. The revocation shall only be permissible within one year after the expiration of the term of probation and six months after the judgment becomes final.
To be considered in making the decision shall be, in particular, the personality of the convicted person, his previous history, the circumstances of his act, the importance of the legal interest threatened in case of recidivism, the conduct of the convicted person while serving his sentence, his living conditions and the effects which can be expected as a result of the suspension.
If the convicted person has served at least one year of his punishment before the remainder is suspended and probation granted, then the court shall, as a rule, place him under the supervision and guidance of a probation officer for all or a part of the term of probation.
Sections 56a subsection 2 , sent. If imprisonment for life has been imposed as an aggregate punishment, then the individual crimes shall be comprehensively evaluated in determining the particular gravity of the guilt Section 57a subsection 1 , sent.
If the aggregate punishment is not suspended and probation granted, then Section 56f subsection 3 , shall apply accordingly.
A warning with punishment reserved shall not be permissible collaterally to measures of reform and prevention. It may not exceed three years nor be less than one year.
No unreasonable demands may thereby be made on the way the warned person conducts his life; the conditions and instructions under sentence 1, nos.
Sections 56c subsections 3 and 4 , and Section 56e shall apply accordingly. The court shall dispense with punishment when the consequences of the act which have befallen the perpetrator are so serious that the imposition of punishment would be obviously inappropriate.
This shall not apply when the perpetrator has incurred imprisonment of more than one year for the act. A measure of reform and prevention may not be ordered when it is disproportionate to the significance of the acts committed by, or expected to be committed by the perpetrator, as well as to the degree of danger he poses.
If someone committed an unlawful act and at the time lacked capacity to be adjudged guilty Section 20 or was in a state of diminished capacity Section 21 , the court shall order placement in a psychiatric hospital if a comprehensive evaluation of the perpetrator and his act reveals that, as a result of his condition serious unlawful acts can be expected of him and he therefore presents a danger to the general public.
If someone has committed two crimes of the type indicated in sentence 1, as a result of which he has incurred, respectively, imprisonment for at least two years, and if he is sentenced for one or more of these acts to a fixed term of imprisonment of at least three years, then the court may, under the provision indicated in subsection 1 , no.
Subsections 1 and 2 shall remain unaffected. If remand detention or another deprivation of liberty is credited against a term of imprisonment, it shall qualify as a served punishment within the meaning of subsection 1 , no.
A prior act shall not be considered if more than five years have passed between it and the subsequent act. Time in which the perpetrator has been held in custody in an institution by order of a public authority shall not be included in the term.
An act upon which judgment was passed outside of the territorial area of application of this law shall be equivalent to an act upon which judgment is passed within this area if it would be an intentional act under the German criminal law, or, in cases under subsection 3 , it would be one of the crimes of the type indicated in subsection 3 , sentence 1.
This shall not apply if the court has made an order pursuant to Section 67d subsection 5 , sent. If the remainder of punishment is not suspended, the execution of the measure shall continue; the court may nevertheless order the execution of the punishment if circumstances relating to the convicted person make it seem advisable.
The court may further vacate a decision under subsection 2 , if it subsequently appears that no success will be achieved with the execution of the measures named in subsection 1.
There shall be no suspension if the perpetrator still must serve a term of imprisonment which was imposed at the same time as the measure and not suspended with a grant of probation.
If that is not the case, it suspends the execution of the placement and grants probation; supervision of conduct shall commence with the suspension.
Time in which the perpetrator has been held in custody in an institution by order of a public authority shall not be credited to the term.
The court shall order its execution if the objective of the measure still requires the placement. If the objective of the measure has not been attained but special circumstances justify the expectation that it may also be attained by suspension, then the court shall suspend execution of the placement and grant probation; supervision of conduct shall commence with the suspension.
If the objective of the measure has been attained, the court shall declare it as having been satisfied. The term runs from the commencement of the placement.
If a measure involving deprivation of liberty is executed before a collaterally ordered term of imprisonment, then the maximum term shall be extended by the length of the term of imprisonment to the extent the time of execution of the measure is credited towards the punishment.
Supervision of conduct shall commence with the suspension. Supervision of conduct shall commence upon satisfaction of the measure.
The measure has thereby been satisfied. Supervision of conduct shall commence upon release from the execution of the placement. It shall make this review before the expiration of specified terms.
It may also set terms within the statutory limits for review, before the expiration of which an application for review shall be inadmissible.
If the court refuses the suspension, the terms shall commence anew with this decision. If the court orders placement in an institution for withdrawal treatment, then any previous order of the measure shall be considered satisfied.
Section 56c subsection 3 , shall be applicable. The court may shorten the maximum length. If the convicted person subsequently declares his consent, then the court shall fix the further duration of the supervision of conduct.
Section 68e subsection 4 , shall otherwise apply. Time, during which the convicted person is a fugitive, is hiding, or is held in custody in an institution by order of a public authority, shall not be credited against its length.
The court may subsequently make, modify or vacate decisions pursuant to Sections 68a subsections 1 and 5 , 68b, 68c subsection 1 , sent.
Termination shall be permissible at the earliest after expiration of the minimum statutory period. If the court refuses to terminate supervision of conduct, then the term shall commence a new with the decision.
This shall not apply when a measure of reform and prevention involving deprivation of liberty is executed immediately following the service of the sentence.
Supervision of conduct shall not terminate before the expiration of the term of probation. The term of probation shall not then be credited to the period of supervision of conduct.
Further review pursuant to Section 62 shall not be required. A permanent bar may be ordered if it can be expected that the statutory maximum term will not suffice to avert the danger posed by the perpetrator.
If the perpetrator has no permission to drive, then only a bar shall be ordered. However, it may not be less than three months. The time of a provisional withdrawal ordered because of the act shall be credited to the term of the bar, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be reviewed.
This action shall be permissible at the earliest when the bar has been in effect three months, or a year in cases pursuant to subsection 3 ; subsection 5 , sentence 2 and subsection 6 shall apply accordingly.
The right to drive motor vehicles in Germany is forfeited when the decision becomes final. During the bar neither domestic permission to drive, nor the right to make use of foreign permission to drive, may be granted.
Prohibition of Engagement in a Profession. The order of prohibition of engagement in a profession may be permanent if it can be expected that the statutory maximum term will not suffice to avert the danger posed by the perpetrator.
It may, however, not be less than three months. The time of a provisional prohibition of engagement in a profession ordered because of the act shall be credited to the term of prohibition, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be examined.
Time during which the perpetrator is held in custody in an institution by order of a public authority shall not be credited.
The time of a provisional prohibition of engagement in a profession shall be credited to the term of prohibition within the framework of Section 70 subsection 4 , sent.
The term of probation shall be extended, however, by the time in which a term of imprisonment or a measure involving deprivation of liberty is executed, which was imposed or ordered against the convicted person because of the act.
In this respect priority shall be given among a number of suitable measures to those which least burden the perpetrator. Before the conclusion of the execution of a measure the court shall order the execution of the next, respectively, if its objective still requires the placement.
Section 67c subsection 2 , sentences 4 and 5 shall be applicable. This shall not apply to the extent that a claim by the aggrieved party has arisen out of the act the satisfaction of which would deprive the perpetrator or inciter or accessory of the value of that which was acquired by virtue of the act.
It may also extend to objects which the perpetrator or inciter or accessory has acquired through alienation of an acquired object, as a replacement for its destruction, damage or seizure or on the basis of an acquired right.
To the extent that the forfeiture of a particular object is impossible due to the nature of what was acquired or for some other reason or because forfeiture of a replacement object pursuant to Section 73 subsection 2 , sent.
The court shall also make such an order collateral to the forfeiture of an object to the extent its value falls short of the value of that which was originally acquired.
The extent of what has been acquired and its value, as well as the amount of the claim the satisfaction of which would deprive the perpetrator or inciter or accessory of that which was acquired, may be estimated.
Sentence 1 shall also be applicable if the perpetrator or inciter or accessory does not own or have a claim to the object only because he acquired the object as a result of an unlawful act or for the purpose of committing it.
Section 73 subsection 2 , shall apply accordingly. The rights of third parties in the object shall remain intact.
If the law refers to this provision, then objects may also be confiscated, as an exception to Section 74 subsection 2 , no.
Particular consideration shall be given to instructions:. If the instructions are followed, the reservation on confiscation shall be lifted; otherwise the court shall subsequently order the confiscation.
It shall simultaneously be ordered that the equipment used or intended for the production of the writings, such as plates, frames, type, blocks, negatives or stencils, be rendered unusable.
Confiscation and rendering unusable shall, however, only be ordered to the extent that:. However, the court shall order the extinguishment of these rights if it bases confiscation on the fact that the conditions of Section 74 subsection 2 , no.
It may also order the extinguishment of the rights of a third party if he may not be granted compensation pursuant to Section 74f subsection 2 , nos.
Section 14 subsection 3 , shall apply accordingly. If an order of forfeiture or confiscation of an object is not practicable or insufficient because one of the preconditions indicated in Sections 73a, 73d subsection 2 , or 74c has occurred or become known, then the court may subsequently order the forfeiture or confiscation of the replacement value.
Confiscation or rendering unusable may not, however, be ordered in the absence of a complaint, authorization, or request for prosecution.
If the aggrieved party has left neither a spouse nor children or if they have died before the expiration of the period for filing the complaint, then the right to file the complaint passes to the parents and, if they have also died before the expiration of the period for filing the complaint, to the siblings and grandchildren.
If a relative has participated in the act or his relationship with the aggrieved party has ceased to exist, then he is excluded from those to whom the right to file the complaint may pass.
The right to file the complaint does not pass if prosecution is at variance with the expressed desire of the aggrieved party. In the case of soldiers the superior in the public service shall be the superior in disciplinary matters.
If the public official or the person with obligations himself manages this public agency, then the state supervisory authority is entitled to file the complaint.
If the end of the period falls on a Sunday, a general holiday or a Saturday, then the period shall end with the expiration of the next workday.
If prosecution of the act is also dependent on a decision as to the nullity or dissolution of a marriage, then the period shall not begin before the expiration of the day on which the entitled person acquires knowledge of the finality of the decision.
For a complaint by the statutory representative or the person responsible for the care of the person, their knowledge is decisive.
He may still file the complaint even if, for him, the period for filing the complaint has expired. The withdrawal may be declared up until the conclusion of criminal proceedings has become final.
A withdrawn complaint may not be refiled. More than one relative of equal rank may only exercise the right jointly. Whoever participated in the act may not withdraw the complaint.
If the act may be prosecuted only with authorization or upon a request for prosecution, then Sections 77 and 77d shall apply accordingly.
Section 76a subsection 2 , sent. The statute of limitations shall commence to run as soon as the act is completed.
If a result constituting an element of the offense only occurs later, then the statute of limitations shall commence to run at that time.
In a preventive detention proceeding and in an independent proceeding, the running of the statute of limitations shall be interrupted by acts in the conduct of a preventive detention proceeding or an independent proceeding which correspond to those in sentence 1.
If the document is not immediately processed after signing, then the time it is actually submitted for processing shall be decisive.
Prosecution shall be barred at the latest by the statute of limitations, however, when twice the statutory period of limitation has elapsed since the time indicated in Section 78a, or three years, if the period of limitation is shorter than three years.
Section 78b shall remain unaffected. In the case of other measures the period of limitations shall be ten years. If, however, supervision of conduct or a first placement in an institution for withdrawal treatment has been ordered, then the period shall be five years.
However, a simultaneous order of preventive detention shall not prevent the running of the statute of limitations for the execution of punishments or other measures.
The court may, upon application of the executing authority, extend the period of limitation once before its expiration by one half of the statutory period of limitation, if the convicted person is staying in a territory from which his extradition or transfer can not be obtained.
Whoever prepares a war of aggression Article 26 subsection 1 , of the Basic Law in which the Federal Republic of Germany is supposed to participate and thereby creates a danger of war for the Federal Republic of Germany, shall be punished with imprisonment for life or for not less than ten years.
Whoever publicly incites to a war of aggression Section 80 in a meeting or through the dissemination of writings Section 11 subsection 3 in the territorial area of application of this law shall be punished with imprisonment from three months to five years.
An attempt shall be punishable. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in sentence 1.
Symbols which are so similar as to be mistaken for those named in sentence 1 shall be deemed to be equivalent thereto. Sections 84, 85 and 87 shall only apply for acts which are committed in the course of conduct engaged in within the territorial area of application of this law.
Collateral to imprisonment of at least six months for a crime under this section, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters Section 45 subsections 2 and 5.
Section 74 shall be applicable. An especially serious case exists as a rule, if the perpetrator:. Section 94 subsection 2 , shall be applicable.
Whoever communicates a secret, which is not a state secret because of one of the violations indicated in Section 93 subsection 2 , to a foreign power or one of its intermediaries and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished as a traitor Section Section 96 subsection 1 , in conjunction with Section 94 subsection 1 , no.
Zum Verjährungsbeginn beim Subventionsbetrug. OLG München, Urteil vom Zum Sachverhalt: Der Angekl. Rüstzeug eines jeden Strafjuristen.
Beendet ist die Tat, wenn ihre Begehung tatsächlich zum. Abschluss gekommen ist. StGB Anwendung. Die Bestimmungen de. Das geht aus einem am In einem Interview mit der Süddeutschen Zeitung am 8.
Februar hat der neue Bundesminister der Justiz und für Verbraucherschutz Heiko Maas angekündigt, die Tötungsdelikte im Strafgesetzbuch auf den Prüfstand zu stellen.
Im Kern Abkürzung der gesetzlichen Verjährungsfrist im Gebrauchtwagenhandel Der Bundesgerichtshof hat sich heute in einer Entscheidung mit der Wirksamkeit einer Klausel in Allgemeinen Geschäftsbedingungen für den Verkauf gebrauchter Kraftfahrzeuge und Anhänger befasst, die für Ansprüche des Käufers wegen Sachmängeln Der Verjährungsfrist für eine Betriebskostennachforderung des Vermieters Der Bundesgerichtshof hat sich heute in einer Entscheidung mit den Fragen befasst, wann die Verjährungsfrist für eine Betriebskostennachforderung des Vermieters beginnt und ob sich der Vermieter bei der Betriebskostenabrechnung für bestimmte Verjährungsfrist bei Schrottimmobilien beachten Nürnberg, Anlegern, die in gescheiterte finanzierte Immobilienkapitalanlagen, so genannte Schrottimmobilien, investiert haben, droht spätestens mit Ablauf dieses Jahres die Verjährung.