Exemption from Criminal Liability under Art. 78a of the Criminal Code from the Perspective of Comparative Law

Authors:

Pages: 185-190
DOI: https://doi.org/10.54664/PDIJ8437

Abstract:

The institute of exemption from criminal liability by imposing an administrative penalty is similar to legal institutes for sanctioning perpetrators of minor crimes, which are regulated in many other countries. The German Code of Criminal Procedure provides for a special procedure, which in practice leads to exemption from criminal liability. In Art. 153a of the Code, it is stipulated that the prosecutor may not bring charges for a crime if the accused person fulfils specific conditions: recovery of the damage caused by the crime; payment of a sum of money for the benefit of a charity or the State Treasury.

Keywords:

crime; administrative offence; exoneration from criminal responsibility; administrative punishment; Art.78a of the Criminal Code.

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