Blurred Vision And Tingling In Fingers

details on the draft of the Federal Council on the revision to § 113 StGB

§ 113 resisting police officers ( uprooted f )

(1) Any public official or a soldier of the Army, the enforcement of the laws, Ordinances, judgments, court orders or decrees, is called to the implementation of an official act by force or threat of force resists or him in this violent attack, shall be punished with imprisonment of up to three years or a fine. The same penalties who in case of accidents or common danger or distress impeded aid workers of the fire brigade or ambulance by force or threat of violence or physically assaulted him while attacking.

(2) In especially serious cases the punishment shall be imprisonment six months to five years. An especially serious case exists, as a rule, if

1.the offender or another involved a weapon or other dangerous tool out with him, to those in the Indeed, to use, or bring

2.the violent offenders by those attacked in the risk of death or serious bodily injury.

(3) The offense is not punishable under this provision, if the official act not lawful. This applies even if the offender accepts erroneous, the official act was lawful.

(4) If the offender commits the act of wrong, not the official act was lawful, and he was able to avoid the mistake, the court may mitigate the sentence in its discretion (§ 49 paragraph 2) or dispense with low debt of punishment under that provision. Could the perpetrators avoid the mistake and was not on him in the circumstances known to him not reasonably be expected to defend themselves with appeals against the allegedly illegal official act, so that the offense that provision a penalty, it was expected of him, the court may mitigate the sentence in its discretion (§ 49 paragraph 2) or waive a penalty under this provision.

This should be after the Federal proposal, which I now have found your site Mr Schmitteckert , the new wording of § 113 of the Penal Code.

Lino has already been reported in advance.

The reason:

Against the backdrop of increase witnessed in recent years of assaults against police officers may be granted by § 113 paragraph 1 StGB protect state criminal enforcement actions no longer be adequately provided. For example, the cases of resistance to state violence have increased nationwide over the past ten years by about 31 percent. There is a significant and sustained increase over the years.

With the proposed increase in the penalty framework is the growing Wi-derstandshandlungen responds by the general deterrent effect of criminal law is a trivialization is counteracted.

is also independent of existing Sanktionsmöglichkei-ten, a need that the legislature also firefighters and rescue workers includes explicitly the scope of § 113 of the Criminal Code and, disability requirements and protects physical attacks for the interventions. This goal is the inclusion of § 113, paragraph 1, sentence 2 of the Criminal Code.

The addition of § 113, paragraph 2, No. 1 Penal Code - draft proposed to fill a gap in criminality:

§ 113, paragraph 2 of the Criminal Code contains aggravating examples of rules, such as carrying a weapon. With regard to the decision of the Federal Constitutional indicative of 1 September 2008 (- 2 BvR 2238/07 -, NJW 2008, 3627) should be closed by the addition of other dangerous tools is punishable gap.