Paragraph 16 Stgb Inhaltsverzeichnis
Strafgesetzbuch . (1) 1 Wer bei Begehung der Tat einen Umstand nicht kennt, der zum gesetzlichen Tatbestand gehört, handelt nicht vorsätzlich. 2 Die Strafbarkeit wegen. 16 StGB Rücktritt vom Versuch - Strafgesetzbuch - Gesetz, Kommentar und Diskussionsbeiträge - JUSLINE Österreich. Logo Jusline Seitentrenner Paragraf. Das könnte Sie auch interessieren: Was steht in § 16 StGB zum Irrtum über den Tatbestand? Der betreffende Paragraph des Strafgesetzbuches ist §. § 16 StGB enthält die Vorschrift zum Tatbestandsirrtum, der sich zu Gunsten des Irrenden auswirkt. Der Tatbestandsirrtum im Strafrecht. Kleine.
§ 16 StGB enthält die Vorschrift zum Tatbestandsirrtum, der sich zu Gunsten des Irrenden auswirkt. Der Tatbestandsirrtum im Strafrecht. Kleine. Ihering 16 Ipsen 55, Irmer 40, 77 Jahn 34, 42 Jarass 32, 44 Jecht 46 Jescheck 32, 81, 85, 89, 90, 93, 98, , , , , , , , , , Sie befinden sich im Beitrag:Sternberg-Lieben, Sternberg-Lieben: Der Tatumstandsirrtum (§ 16 I 1. StGB)(JuS , ). Das Erfassen der rechtlich-sozialen.
While the Nazi persecution of homosexuals is reasonably well known today, far less attention has been given to the continuation of this persecution in post-war Germany.
About , men were implicated in legal proceedings from to , and about 50, were convicted. In , the government eased Paragraph by providing for an age of consent of Most sodomy-related laws in Western civilization originated from the growth of Christianity during Late Antiquity.
In the words of Paragraph of that code:. The punishment for fornication that goes against nature. When a human commits fornication with a beast, a man with a man, a woman with a woman, they have also forfeited life.
And they should be, according to the common custom, banished by fire from life into death. In the Austrian-born Peter Leopold of Tuscany abolished the death penalty for all crimes including sodomy and replaced it with prison and hard labour.
Paragraph of that code says:. Unnatural fornication, whether between persons of the male sex or of humans with beasts, is punished with imprisonment of six months to four years, with the further punishment of a prompt loss of civil rights.
In France , the Revolutionary Penal Code of punished acts of this nature only when someone's rights were injured i. In the course of his conquests, Napoleon exported the French Penal Code beyond France into a sequence of other states such as the Netherlands.
Bavaria , too, adopted the French model and in removed from its lawbooks all prohibitions of consensual sexual acts.
In view of these developments, two years before the founding of the German Empire , the Prussian kingdom, worried over the future of the paragraph, sought a scientific basis for this piece of legislation.
The Ministry of Justice assigned a Deputation für das Medizinalwesen "Deputation for medical knowledge" , including, among others, the famous physicians Rudolf Virchow and Heinrich Adolf von Bardeleben , who, however, stated in their appraisal of March 24, that they were unable to give a scientific grounding for a law that outlawed zoophilia and male homosexual intercourse , distinguishing them from the many other sexual acts that were not even considered as matters of penal law.
Nevertheless, the draft penal law submitted by Bismarck in to the North German Confederation retained the relevant Prussian penal provisions, justifying this out of concern for " public opinion ".
On January 1, , exactly one year after it had first taken effect, the penal code of the North German Confederation became the penal code of the entire German Empire.
By this change, sexual intercourse between men became again a punishable offence in Bavaria as well. Almost verbatim from its Prussian model from , the new Paragraph of the imperial penal code specified:.
Unnatural fornication, whether between persons of the male sex or of humans with beasts, is punished with imprisonment, with the further punishment of a prompt loss of civil rights.
Even in the s, individuals such as Karl Heinrich Ulrichs and Karl Maria Kertbeny had unsuccessfully raised their voices against the Prussian paragraph This case was argued, for example, in an petition drafted by physician and WhK chairman Magnus Hirschfeld , urging the deletion of Paragraph ; it gathered 6, signatories.
On the contrary, ten years later the government laid plans to extend Paragraph to women as well. The danger to family life and to youth is the same.
The fact that there are more such cases in recent times is reliably testified. It lies therefore in the interest of morality as in that of the general welfare that penal provisions be expanded also to women.
Allowing time for the refinement of the draft, it was set to appear before the Reichstag no earlier than World War I and the defeat of the German Empire consigned it to the dustbin.
There was a vigorous grassroots campaign against Paragraph between and , led by an alliance of the Gemeinschaft der Eigenen and the Wissenschaftlich-humanitäre Komitee.
But, much as during the time of the Empire, during the Weimar Republic the parties of the left failed to achieve the abolition of Paragraph , because they lacked a majority in the Reichstag.
The plans of a center- right regime in to increase the penalties of Paragraph came closer to fruition; but they, too, failed.
In addition to paragraph which corresponded to the old paragraph , their proposed reform draft provided for a paragraph to be included.
The plan was that so-called "qualified cases" such as homosexual prostitution , sex with young men under the age of 21, and sexual coercion of a man in a service or work situation would be classified as "severe cases", reclassified as felonies Verbrechen rather than misdemeanors Vergehen.
This act would have pertained not only to homosexual intercourse but also to other homosexual acts such as, for example, mutual masturbation.
Both new paragraphs grounded themselves in protection of public health :. It is to be assumed that it is the German view that sexual relationships between men are an aberration liable to wreck the character and to destroy moral feeling.
Clinging to this aberration leads to the degeneration of the people and to the decay of its strength.
When this draft was discussed in by the judiciary committee of the Reichstag, the Social Democratic Party , the Communist Party , and the left-wing liberal German Democratic Party at first managed to mobilize a majority of 15 to 13 votes against Paragraph This would have constituted legalization of consensual homosexuality between adult men.
In the Nazis strengthened Paragraph by redefining the crime as a felony and thus increasing the maximum penalty from six months' to five years' imprisonment.
Further, they removed the longtime tradition that the law applied only to penetrative intercourse. A criminal offense would now exist if "objectively the general sense of shame was offended" and subjectively "the debauched intention was present to excite sexual desire in one of the two men, or a third".
This aggravation of the severity of Paragraph in increased the number of convictions tenfold, to 8, annually. So, for example, in the Gestapo received the following anonymous letter:.
F as a subtenant, who has remarkable daily visits from young men. This must not continue. In contradistinction to normal police, the Gestapo were authorized to take gay men into preventive detention Schutzhaft of arbitrary duration without an accusation or even after an acquittal.
This was often the fate of so-called "repeat offenders": at the end of their sentences, they were not freed but sent for additional "re-education" Umerziehung in a concentration camp.
In the Soviet occupation zone that later became East Germany see History of Germany since , the development of law was not uniform.
The Provincial High Court in Halle Oberlandesgericht Halle, or OLG Halle decided for Saxony-Anhalt in that Paragraphs and a were to be seen as injustice perpetrated by the Nazis, because a progressive juridical development had been broken off and even been reversed.
Homosexual acts were to be tried only according to the laws of the Weimar Republic. In , one year after being reconstituted as the German Democratic Republic , the Berlin Appeal Court Kammergericht Berlin decided for all of East Germany to reinstate the validity of the old, pre form of Paragraph In , the same court decided that Paragraph a, in contrast to Paragraph , did not presuppose acts tantamount to sexual intercourse.
Lewdness Unzucht was defined as any act that is performed to arouse sexual excitement and "violates the moral sentiment of our workers".
A revision of the criminal code in made it possible to put aside prosecution of an illegal action that represented no danger to socialist society because of lack of consequence.
This removed Paragraph from the effective body of the law, because at the same time the East Berlin Court of Appeal Kammergericht decided that all punishments deriving from the old form of Paragraph should be suspended due to the insignificance of the acts to which it had been applied.
On this basis, homosexual acts between consenting adults ceased to be punished, beginning in the late s. On July 1, , the GDR adopted its own code of criminal law.
This law applied not only to men who have sex with boys but equally to women who have sex with girls. On August 11, the Supreme Court of the GDR struck down a conviction under Paragraph on the basis that "homosexuality, just like heterosexuality, represents a variant of sexual behavior.
Homosexual people do therefore not stand outside socialist society, and the civil rights are warranted to them exactly as to all other citizens.
The act passed into law May 30, This removed all specific reference to homosexuality from East German criminal law. After World War II , the victorious Allies demanded the abolition of all laws with specifically National Socialist content; however, they left it to West Germany to decide whether or not the expansion of laws regulating male homosexual relationships falling under Paragraph should be left in place.
On May 10, the Federal Constitutional Court upheld the decision to retain the version, claiming that the paragraph was "not influenced by National Socialist [i.
Between and , about , men were indicted and about 50, men sentenced to prison. The rate of convictions for violation of Paragraph rose by 44 percent, and in the s, the number remained as much as four times higher than it had been in the last years of the Weimar Republic.
A nineteen-year-old jumped off the Goetheturm after having received a summons , another fled to South America, another to Switzerland, a dental technician and his friend poisoned themselves with coal gas.
In total there were six known suicides. Many of the accused lost their jobs. Similar to the thinking during the Nazi Regime, the government argued that there was a difference between a homosexual man and a homosexual woman, and because all men were more aggressive and predatory than women, lesbianism would not be criminalized.
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