08 February 2008
Notifications made pursuant to article 9 (3):
"… with reference to Article 9, paragraph 3 of the Convention, … the Federal Republic of [makes] the following declaration:
German criminal law may be applicable in the situations specified in article 9, paragraph 2.
1. Article 9, paragraph 2 (a)
Whether German criminal law is applicable depends on the specific circumstances of the individual case.
If offences under the Convention are committed against a German national abroad, German criminal law is applicable in accordance with section 7 (1) of the Criminal Code, provided the act is punishable at the place of its commission or the place of its commission is not subject to any criminal jurisdiction.
If the objective or result of the offence is a relevant act within German territory, section 9 of the Criminal Code may be applicable in certain cases. Pursuant to subsection (1) of section 9, German criminal law is applicable if the perpetrator acted in Germany, or if the result of his action is an element of the offence and occurs on German territory or should occur there according to his understanding. Pursuant to subsection (2), acts committed abroad by an accessory may also be covered if the principal act was committed in Germany or should have been committed there according to the accessory’s understanding.
2. Article 9, paragraph 2 (b)
Here, too, whether German criminal law is applicable depends on the specific circumstances of the individual case. German law may be applicable if one of the special circumstances mentioned above with respect to subparagraph (a) or below with respect to subparagraph (c) or (d) is given. In addition to those cases, German criminal law may also be applicable pursuant to section 6, paragraph 9 of the Criminal Code in conjunction with the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, of 14 December 1973.
3. Article 9, paragraph 2 (c)
German criminal law is applicable pursuant to section 7 (2) paragraph 2, regardless of the habitual residence of the stateless person, if he/she is found to be in Germany and the act is punishable at the place of its commission or is not subject to any criminal jurisdiction, if the perpetrator has not been extradited although the Extradition Act would permit extradition for such an act, because a request for extradition was not made within a reasonable period, has been rejected, or the extradition is not practicable. German criminal jurisdiction is thus excluded for various types of offences, in particular, minor offences, political offences and military offences (sections 3 (2) , 6 and 7 of the Act on International Legal Assistance in Criminal Matters respectively). Stateless persons are foreigners within the meaning of section 7 (2) 2 of the Criminal Code.
4. Article 9, paragraph 2 (d)
German criminal law is applicable pursuant to section 9 (1) of the Criminal Code, if the compulsion is part of the result of the act, and such result is an element of the crime.
5. Article 9, paragraph 2 (e)
Pursuant to section 4 of the Criminal Code, German criminal law is applicable to acts committed in an aircraft which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany (see also article 9, paragraph 1 (b), of the Convention)."