High treason

high treason is the enterprise to destroy the internal existence or the constitutional order of a state.

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Situation in Germany

in the Federal Republic of Germany is regulated the high treason against the federation or the Lands of the Federal Republic under the Staatsschutzdelikten in §§ the 81 - 83a StGB as crimes. As Unternehmensdelikt are not only the attempt, but also the preparation of the high treason (§ 83StGB) posed under punishment.

factual characteristics

protected right property is the physical and constitutional existence of the Federal Republic of Germany and its countries. The existence covers the national unit of federation and countries, the area integrity (of federation and countries) and the international-law sovereignty (excluding the federation)- so mentioned “inventory high treason “.

§ 81 StGB

“who undertakes to impair by force or by threat by

force 1.den existence of the Federal Republic of Germany or

2.die on the Basic Law of the Federal Republic of Germany being based constitutional order becomes to change

, with lifelong imprisonment or alsoImprisonment under ten years does not punish. “

The condition high treason designates all changes and removals of the nature content of the condition like the liberal democracy, the constitutional state and the fundamental rights.

Act means are the force and the threat by force and essentially correspond to the force term with the compulsion.

The high treason is not Sonderdelikt, which can be committed only by Germans. Rather an act committing is also by foreigners possible, those if necessary. but could due to of international law to be justified.

The preparation after § 83 StGB requires only an objective promotion of the enterprise after §§81, 82 StGB. A concrete endangerment for the Federal State or the Land of the Federal Republic does not have yet occurred, a certain danger degree should be necessary however after iurisdiction (= " view of the literature ").

regret ways

of the particularly high punishing threat and the inclusion of the preparation stage transacts inthe range of the punishability after § 83a StGB with active regret a golden bridge one builds for the offender, who already gives attempt actions up. Possible consequence is then refraining from punishment or moderating the punishment after § 49 exp. 2 StGB. Necessary it is however thatthe author apart from the task of the attempt and preparatory acts becomes also active the fact that the danger §§ of the 81 - does not occur 83 StGB.

duty to give notice

who from a project or the execution of a high treason at a time receives, to that the execution orsuccess to be still turned away can do, convincingly experiences and it omits making in time announcement becomes after § 138 I No. Punishes 2 StGB (Nichtanzeige of planned criminal offences), with imprisonment not under 5 years or fine (§138 I StGB). Of this duty to give noticeonly if the knowledge is excluded around the preparation of a hochverräterrischen enterprise against (federation) a country, then 129, 129a StGB probably applies in the special one §§.

situation in Austria

the legal text in the wording:

§242 StGB

“(1) who undertakes it, by force or by threat alsoTo change force the condition of the Republic of Austria or one of their Lands of the Federal Republic or to the Republic of Austria a belonging Area to separate, is with imprisonment from ten to twenty To punish years.

(2) An enterprise in the sense of the exp. 1 lies already with an attemptforwards. “

In Austria , contrary to Germany , also the high treason is punishable against other states. There the punishing framework is however smaller with six months until five years, than a high-traitorous enterprise against the Republic of Austria.

situation in Switzerland

the factsthe high treason in Swiss penal code, is defined article 265. There is called it that someone, which “an action makes, which is directed to amend by force the condition of the federation or a canton the constitutional public authorities to set off or it set, their force to exercise,Swiss area from the confederation or area from a canton to separate ", with penintentiary or from one to five years prison to condemn is.

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