Law Draft - German Penal Code, printed matter 17/4759

The criminal offence of FGM shall be inserted in the Penal Code, namely the section on Bodily Harm. Also, FGM is supposed to be punishable also when the Person who has undergone FGM has her residency in Germany. Suggested changes of the law are in detail: The Penal Code (…) shall be modified as follows: 1. § 5 will be modified as follows: Following No. 8 No. 8A will be inserted as following: „8a. Serious Bodily injury in case of § 226 Section 1 No. 3, if the offender is German or the victim has his or her habitual residence in the Country;“. 2. § 226 Section 1 shall be modified as following: a) in No. 2 the word „or“ shall be replaced by a comma. b) Subsequent to No. 2 following No. 3 shall be inserted: „3. the female genitals are removed in parts or in total or are mutilated or not functioning constantly or“. c) No. 3 becomes No. 4.

Criminal Law

Applicability of the principle of extraterritoriality

Yes; Conditions: German Penal Code Section / Applicability to Acts Abroad in Other Cases (1) German criminal law shall apply to acts, which were committed abroad against a German, if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement. (2) German criminal law shall apply to other acts, which were committed abroad if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement and if the perpetrator: 1. was a German at the time of the act or became one after the act; or 2. was a foreigner at the time of the act, was found to be in Germany and, although the Extradition Act would permit extradition for such an act, is not extradited, because a request for extradition is not made, is rejected, or the extradition is not practicable.

Number of court cases