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General criminal law

The general criminal law is a wide ranging area covering offences not directly related to the economic life. The sectors of the core criminal law play a central role in these cases. Frequently occurring offences, which are not of a purely economic character, are for example

 

  • the coercion according to Section 240 of the German Criminal Code (StGB),
  • the embezzlement according to Section 246 StGB,
  • the criminal evasion in accordance with Section 258 StGB,
  • the dealing in stolen goods in accordance with Section 259 StGB,
  • the commercial or gang-dealing in stolen goods in accordance with Section 260 and 260a StGB,
  • insurance misuse in accordance with Section 265 StGB,
  • sneaking benefits in accordance with Section 265a StGB and
  • damage to property according to Section 303 StGB.

 

In practice, great importance is to be attached to the, constitutionally not unobjectionable and sometimes complicated to apply offence of breach of trust according to Section 266 StGB.

 

Another important area of the general criminal law are the forgery offences according to Sections 267 StGB et seq., thus

 

  • the falsification of documents according to Section 267 StGB,
  • the falsification of technical records according to Section 268 StGB,
  • the falsification of evidence-relevant data according to Section 269 StGB and
  • the indirect falsification according to Section 271 StGB.

 

Other acts with an economic background are

 

  • thwarting the foreclosure according to Section 288 StGB,
  • offences against competition pursuant to Sections 298 et seq. StGB, in particular
  • agreements restricting the competition according to Section 298 StGB,
  • bribery and corruption in the course of business in accordance with Section 299 StGB, as well as
  • the computer sabotage according to Section 303b StGB.

 

Frequently occurring crimes such are

 

  • offences of insult according to Section 185 StGB et seq., such as insult according to Section 185 StGB and defamation according to Section 186 StGB
  • offences against statements according to Sections 153 et seq StGB – these are norms that make a false statement made in court punishable

 

General criminal law also includes offences of the 28th section of the Criminal Code, which are dangerous to public safety. Classical examples include

 

  • dangerous interference with the railways, ships and air traffic in accordance with Section 315 StGB,
  • endangerment of construction works in accordance with Section 319 StGB,
  • road traffic offences pursuant to Section 315c StGB et seq., such as endangerment of road traffic pursuant to Section 315 c StGB and drunkenness in traffic pursuant to Section 316 StGB,
  • unauthorized removal from the accident site according to Section 142 StGB.

 

In addition, the general criminal law includes

 

  • official offences according to Section 331 StGB et seq., in particular acceptance of advantages according to § 331 StGB, bribery according to § 332 StGB and granting of advantages according to § 333 StGB, as well as
  • offences against the state authority according to Section 111 et seq. StGB and
  • offences against the public order according to Section 123 et seq. StGB.

 

Important offences of general criminal law are also

 

  • homicide crimes according to Sections 211 StGB et seq., in particular murder according to Section 211 StGB, manslaughter according to Section 212 StGB and negligent homicide according to Section 222 StGB, as well as
  • the bodily injury offences, i. e. the simple, dangerous, serious and negligent bodily injury according to Sections 223 StGB et seq.

 

Ultimately, offences such as

 

  • the misuse of titles, job titles and badges according to Section 132 a StGB or
  • the violation of the confidentiality of the word according to Section 201 StGB,
  • the data sourcing according to Section 202d StGB,
  • the violation of private secrets according to Section 203 StGB,
  • the exploitation of external secrets in accordance with Section 204 StGB and
  • the spying and interception of data Section 202a u. 202b StGB

 

are also classic elements of general criminal law.

 

Irrespective of the subject matter of the criminal proceedings, search and seizure can be carried out during the investigation procedure in accordance with Sections 102, 103 et seq. of the German Criminal Procedural Code (StPO). This is a classic and very frequently ordered measure to secure evidence or arrest individuals. This always requires the criminalistics probability of the existence of a criminal offence. At the time of search and seizure, the advice and assistance of a defense lawyer must be sought immediately. The court appeal pursuant to Section 304 StPO may seek the annulment of search and seizure warrant while an application in (analogous) accordance with Section 98 paragraph 2 of the StPO can be filed regarding the manner of search and seizure, even after the completion of the measure.

 

Defense Lawyer Juergen Klengel offers comprehensive defense in the violation of the provisions of the general criminal law as well as in cases of confiscation in accordance with Section 73 et seq. StGB. Attorney Klengel has advised numerous companies and private individuals on the legal protection against a search and seizure or freezing of assets and represents them in the court.