No Treason No. I (With Active Table of Contents)

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  1. e-book No Treason. No. 2: The Constitution (With Active Table of Contents)
  2. The Constitution of the Republic of Liberia [ Table of Contents ]
  3. Avalon Project - General Orders No. : The Lieber Code

Section 78 Limitation period.

e-book No Treason. No. 2: The Constitution (With Active Table of Contents)

Section 76a 2 1st sentence No 1 remains unaffected. The limitation period shall commence to run as soon as the offence is completed. If a result constituting an element of the offence occurs later, the limitation period shall commence to run from that time.

Section 78b Stay of limitation. If the date of the service of the request upon the foreign state cannot be ascertained, the request shall be deemed to have been served one month after having been sent to the foreign state unless the requesting authority acquires knowledge of the fact that the request was in fact not served on the foreign state or only later. The 1st sentence of this subsection shall not apply to requests for surrender for which, in the requested state, a limitation period similar to section 83c of the Law on International Assistance in Criminal Matters exists, either based on the Framework Decision of the Council of 13 June on the European Arrest Warrant and the surrender agreements between the member states OJ L , In separate proceedings for measures of rehabilitation and incapacitation and in an independent proceeding for deprivation or confiscation, the limitation period shall be interrupted by acts in these proceedings corresponding to those in the 1st sentence of this subsection.

If the document is not immediately processed after signing the time it is actually submitted for processing shall be dispositive. The prosecution shall be barred by limitation once twice the statutory limitation period has elapsed since the time indicated in section 78a, or three years if the limitation period is shorter than three years.

Section 78b shall remain unaffected. Section 79 Limitation period.

The Constitution of the Republic of Liberia [ Table of Contents ]

The limitation period shall be. A simultaneous incapacitation order shall not prevent the course of the limitation period for the enforcement of penalties or other measures.

Online Library of Liberty

Section 79a Stay of limitation. The court may, upon application of the enforcing authority, once prolong the period of limitation before its expiry by one half of the statutory limitation period if the convicted person resides in a territory from which his extradition or surrender cannot be achieved. Section 80 Preparation of a war of aggression.

Whosoever prepares a war of aggression Article 26 1 of the Basic Law in which the Federal Republic of Germany is meant to participate and creates a danger of war for the Federal Republic of Germany, shall be liable to imprisonment for life or for not less than ten years. Section 80a Incitement to a war of aggression. Whosoever publicly incites to a war of aggression section 80 in a meeting or through the dissemination of written materials section 11 3 within the Federal Republic of Germany shall be liable to imprisonment from three months to five years.

Section 81 High treason against the Federation. Section 82 High treason against a member state. Section 83 Preparation of an enterprise directed at high treason.

The State versus the Highwayman - Lysander Spooner

Section 83a Preventing completion of offence. Section 84 Continuation of a political party declared unconstitutional. The attempt shall be punishable. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in the 1st sentence of this subsection.

Section 85 Violation of a ban on forming an association. Section 86 Dissemination of propaganda material of unconstitutional organisations.

Section 86a Using symbols of unconstitutional organisations. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them. Section 87 Acting as a secret agent with the aim of sabotage. Section 88 Sabotage against the constitution. Section 89 Exerting anti-constitutional influence on the Armed Forces and public security forces.

Section 89a Preparation of a serious violent offence endangering the state. A serious violent offence endangering the state shall mean an offence against life under sections or or against personal freedom under sections a or b, which under the circumstances is intended to impair and capable of impairing the existence or security of a state or of an international organisation, or to abolish, rob of legal effect or undermine constitutional principles of the Federal Republic of Germany. If the preparation occurs outside the territory of the member states of the European Union, the aforesaid shall apply only if the preparation is performed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany or if the serious violent offence endangering the state so prepared is meant to be committed within the territory of the Federal Republic of Germany or against a German citizen.

If the preparation occurred on the territory of another member state of the European Union, the prosecution shall require the authorisation by the Federal Ministry of Justice if the preparation was neither performed by a German citizen nor the serious violent offence endangering the state so prepared to be committed within the territory of the Federal Republic of Germany or by or against a German citizen.

If the danger is averted or substantially reduced regardless of the contribution of the offender or the completion of the serious violent offence endangering the state prevented, his voluntary and earnest efforts to achieve that object shall suffice. Section 89b Establishing contacts for the purpose of committing a serious violent offence endangering the state. Outside the territory of the member states of the European Union this shall apply only if the act of establishing or maintaining contact is committed by a German citizen or a foreign citizen whose existence is based within the territory of the Federal Republic of Germany.

Section 90 Defamation of the President of the Federation. Section 90a Defamation of the state and its symbols.

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Avalon Project - General Orders No. : The Lieber Code

Section 90b Anti-constitutional defamation of constitutional organs. Section 91 Encouraging the commission of a serious violent offence endangering the state. Section 91a Jurisdiction ratione loci. Sections 84, 85 and 87 shall only apply to offences based on acts committed within the territory of the Federal Republic of Germany.

Section 92 Definition of terms. Section 92a Ancillary measures. Section 93 Definition of state secret. An especially serious case will typically occur if the offender. Section 95 Disclosure of state secrets with intent to cause damage. Section 94 2 shall apply. Section 96 Treasonous espionage; spying on state secrets. Section 97 Disclosure of state secrets and negligently causing danger. Section 97a Disclosure of illegal secrets. Whosoever communicates a secret, which is not a state secret because of one of the violations indicated in section 93 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 if he had committed treason section Section 96 1 , in conjunction with section 94 1 No 1 shall apply mutatis mutandis to secrets of the kind indicated in the 1st sentence above.

Section 97b Disclosure based on mistaken assumption that secret is illegal. The act is typically not an appropriate means if the offender did not previously seek a remedy from a member of the Federal Parliament.


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This shall apply mutatis mutandis to persons entrusted with special public service functions and to persons under a duty within the meaning of section b 2. Section 98 Treasonous activity as an agent. In especially serious cases the penalty shall be imprisonment from one to ten years; section 94 2 2 nd sentence No 1 shall apply mutatis mutandis. If the offender in cases under subsection 2 1st sentence above has been forced into the activity by the foreign power or its intermediaries, he shall not be liable under this provision if he voluntarily gives up his activity and discloses his knowledge to a government authority without unnecessary delay.

Section 99 Working as an agent for an intelligence service. An especially serious case typically occurs if the offender communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he. Section Engaging in relations that endanger peace. An especially serious case typically occurs if the offender through the offence creates a serious danger to the continued existence of the Federal Republic of Germany.

Section a Treasonous forgery. An especially serious case typically occurs if the offender creates an especially serious prejudice to the external security of the Federal Republic of Germany or to her relations with a foreign power. Section Ancillary measures. In addition to a sentence of imprisonment of at least six months for an intentional offence under this chapter, the court may order the loss of the ability to hold public office, to vote and be elected in public elections section 45 2 and 5.

Objects of the kind indicated in the 1st sentence No 2 above shall be subject to a deprivation order even if the conditions of section 74 2 are not met if this is necessary in order to avert the danger of a serious prejudice to the external security of the Federal Republic of Germany; this shall also apply if the offender acted without guilt. Section Attacks against organs and representatives of foreign states. Section Defamation of organs and representatives of foreign states.

An application for publication of the conviction may also be filed by the prosecution service. Section Violation of flags and state symbols of foreign states.