Is a word hurt

Section fifteen - Criminal Code (StGB)


special part

Section fifteen Violation of the sphere of personal life and secrecy

Section 201 Violation of the confidentiality of the word



(1) Anyone who is unauthorized is punished with a prison sentence of up to three years or a fine

1.
records the non-publicly spoken word of another on a phonogram, or

2.
a recording made in this way is used or made available to a third party.

(2) 1Anyone who is unauthorized will also be punished

1.
eavesdropping on the non-publicly spoken word of another not intended for his knowledge with a listening device or

2.
publicly communicates the spoken word of another person recorded in accordance with Paragraph 1 No. 1 or intercepted in accordance with Paragraph 2 No. 1 in terms of its wording or its essential content.

2The act according to sentence 1 No. 2 is only punishable if the public communication is likely to impair the legitimate interests of another. 3It is not unlawful if the public communication is made to safeguard overriding public interests.

(3) Anyone who violates the confidentiality of the word as a public official or as a person particularly responsible for the public service is punished with imprisonment of up to five years or with a fine (paragraphs 1 and 2).

(4) The attempt is punishable.

(5) 1The sound carriers and eavesdropping devices used by the perpetrator or participant can be confiscated. 2§ 74a is to be applied.


Section 201a Violation of the highly personal sphere of life and personal rights through taking pictures



(1) Anyone who is punished with imprisonment of up to two years or a fine

1.
Unauthorized recording or transmission of an image of another person who is located in an apartment or a room that is specially protected from view and thereby violates the very personal area of ​​life of the person depicted,

2.
a picture that shows the helplessness of another person, produces or transmits without authorization and thereby violates the very personal area of ​​life of the person depicted,

3.
a picture that shows a deceased person in a grossly offensive manner, produces or transmits it without authorization,

4.
uses an image taken by an act according to numbers 1 to 3 or makes it accessible to a third person or

5.
makes an authorized image recording of the type specified in numbers 1 to 3 knowingly accessible to a third person without authorization and, in the cases of numbers 1 and 2, thereby violating the highly personal area of ​​life of the person depicted.

(2) 1The person who, without authorization, makes a picture of another person that is likely to damage the image of the person depicted, accessible to a third person, will also be punished. 2This also applies, under the same conditions, to a picture of a deceased person.

(3) Anyone who takes a picture showing the nudity of another person under the age of eighteen is punished with a prison sentence of up to two years or a fine,

1.
manufactures or offers in order to provide them to a third person for a fee, or

2.
procured for himself or a third person for a fee.

(4) Paragraph 1 Nos. 2 to 4, also in conjunction with Paragraph 1 Nos. 5 or 6, Paragraphs 2 and 3 do not apply to actions that are carried out in the safeguarding of overriding legitimate interests, namely art or science, research or teaching , reporting on events of the day or history or similar purposes.

(5) 1The image carriers as well as image recording devices or other technical means used by the perpetrator or participant can be confiscated. 2§ 74a is to be applied.




Section 202 Violation of the confidentiality of letters




1.
opens a sealed letter or other sealed document that is not intended for his knowledge or

2.
acquires knowledge of the content of such a document without opening the lock using technical means,

will be punished with imprisonment for up to one year or with a fine if the act is not threatened with a penalty in Section 206.

(2) Anyone who gains knowledge of the content of a document, which is not intended for his knowledge and which is specially secured against knowledge by a locked container, after opening the container for this purpose, shall also be punished.

(3) A figure is equivalent to a document within the meaning of paragraphs 1 and 2.


Section 202a Spying on Data



(1) Anyone who gains unauthorized access to data that is not intended for them and that are specially secured against unauthorized access by overcoming the access security will be punished with imprisonment for up to three years or with a fine.

(2) Data within the meaning of paragraph 1 are only those that are stored or transmitted electronically, magnetically or otherwise in a manner that is not immediately perceptible.




Section 202b Interception of Data



Anyone who procures unauthorized data for himself or someone else using technical means and not intended for him (Section 202a Paragraph 2) from non-public data transmission or from electromagnetic radiation from a data processing system will be punished with imprisonment of up to two years or a fine if the Act is not subject to a heavier penalty in other regulations.




Section 202c preparing the spying and interception of data



(1) Anyone who prepares a criminal offense under Section 202a or Section 202b by

1.
Passwords or other security codes that enable access to data (Section 202a (2)), or

2.
Computer programs, the purpose of which is to commit such an act,

manufactures, procures for themselves or for another, sells, leaves to someone else, disseminates or otherwise makes them accessible, is punishable by imprisonment for up to two years or a fine.

(2) Section 149 (2) and (3) apply accordingly.




Section 202d data stealing



(1) Anyone who obtains, transfers, disseminates or otherwise makes data (Section 202a, Paragraph 2) that is not generally accessible and that someone else has obtained through an illegal act for himself or a third party accessible to himself or a third party enriching or harming another person is punishable by imprisonment for up to three years or a fine.

(2) The punishment may not be more severe than the punishment threatened for the predicate offense.

(3) Paragraph 1 does not apply to actions that serve solely to fulfill legitimate official or professional duties. 2These include in particular

1.
such acts by public officials or their agents, with which data are only intended to be used in taxation proceedings, criminal proceedings or administrative offense proceedings, as well as

2.
such professional acts by the persons named in Section 53 (1) sentence 1 number 5 of the Code of Criminal Procedure, with whom data is received, evaluated or published.




Section 203 Violation of private secrets



(1) Whoever reveals a third-party secret, in particular a secret belonging to the personal sphere of life or a company or trade secret, which is known to him as

1.
Doctor, dentist, veterinarian, pharmacist or member of another medical profession that requires state-regulated training in order to exercise the profession or to use the professional title,

2.
Professional psychologists with a state-recognized final academic examination,

3.
Lawyer, legal adviser, patent attorney, notary, defense attorney in a legally regulated procedure, auditor, sworn accountant, tax advisor, tax agent or body or member of a body of a lawyer, patent attorney, auditing, auditing or tax consultancy company,

4.
Marriage, family, upbringing or youth counselors as well as addiction counselors in a counseling center recognized by an authority or corporation, institution or foundation under public law,

5.
Member or representative of a recognized counseling center according to Sections 3 and 8 of the Pregnancy Conflict Act,

6.
state-approved social worker or state-approved social pedagogue or

7.
Members of a company with private health, accident or life insurance or a private medical, tax consultant or legal clearing office

has been entrusted or otherwise known is punishable by imprisonment for up to one year or a fine.

(2) 1The person who reveals an unauthorized third-party secret, in particular a secret belonging to the personal sphere of life or a company or trade secret, which is known to him as

1.
Public official or European public official,

2.
persons particularly responsible for the public service,

3.
Person who performs tasks or powers under the law on staff representation,

4.
Member of a committee of inquiry working for a federal or state legislative body, other committee or council that is not itself a member of the legislative body, or as an assistant to such a committee or council,

5.
publicly appointed expert who has been formally obliged to conscientiously fulfill his obligations on the basis of a law, or

6.
Person who has been formally obliged to conscientiously comply with their duty of confidentiality when carrying out scientific research projects on the basis of a law,

has been entrusted or otherwise known. 2A secret within the meaning of sentence 1 is equivalent to individual information about the personal or factual circumstances of another, which have been recorded for public administration tasks; Sentence 1 does not apply, however, if such individual information is disclosed to other authorities or other bodies for public administration tasks and the law does not prohibit this.

(3) 1No disclosure within the meaning of this provision exists if the persons named in paragraphs 1 and 2 make secrets accessible to their professional assistants or to the persons working for them in preparation for the profession. 2The persons named in paragraphs 1 and 2 may disclose third-party secrets to other persons who are involved in their professional or official activities, insofar as this is necessary for the use of the activities of the other persons involved; The same applies to other persons involved if they use other persons who are involved in the professional or official activities of those named in paragraphs 1 and 2.

(4) 1Whoever unauthorized reveals someone else's secret that is known to him while exercising or on the occasion of his activity as a collaborating person or as the data protection officer working for the persons named in paragraphs 1 and 2 shall be punished with imprisonment of up to one year or with a fine has become. 2And anyone who

1.
as the person named in paragraphs 1 and 2, has not ensured that another person involved, who unauthorized reveals a third-party secret that became known to him during the exercise or on the occasion of his activity, was obliged to maintain confidentiality; this does not apply to other participating persons who are themselves a person named in paragraphs 1 or 2,

2.
as a participant named in paragraph 3, he avails himself of another participant who has unauthorized disclosure of a third-party secret that became known to him during the exercise or on the occasion of his activity and who has not ensured that this person has been obliged to maintain confidentiality; this does not apply to other participating persons who are themselves a person named in paragraphs 1 or 2, or

3.
after the death of the person obliged under sentence 1 or under paragraphs 1 or 2, unauthorized disclosure of a third-party secret that he learned from the deceased or obtained from his estate.

(5) Paragraphs 1 to 4 shall also apply if the perpetrator reveals the foreign secret without authorization after the death of the person concerned.

(6) If the offender acts for remuneration or with the intention of enriching himself or another person or harming another person, the penalty is imprisonment for up to two years or a fine.




Section 204 Exploitation of foreign secrets



(1) Anyone who exploits a third-party secret, in particular a company or trade secret, which he is obliged to maintain secrecy under Section 203, will be punished with imprisonment of up to two years or a fine.





Section 205 criminal complaint








Section 206 Breach of postal or telecommunications secrecy



(1) Anyone who makes an unauthorized notification to another person about facts that are subject to postal or telecommunications secrecy and that have become known to him as the owner or employee of a company that provides postal or telecommunications services on a business basis will face imprisonment for up to five years or with Punished fine.

(2) Anyone who is the owner or employee of a company referred to in paragraph 1 shall also be punished

1.
a consignment that has been entrusted to such a company for transmission and has been locked opens or gains knowledge of its content without opening the lock using technical means,

2.
suppresses a shipment entrusted to such a company for transmission or

3.
permits or promotes one of the acts referred to in paragraph 1 or in numbers 1 or 2.

(3) Paragraphs 1 and 2 also apply to persons who

1.
Perform the supervision of a company referred to in paragraph 1,

2.
are entrusted with the provision of postal or telecommunications services by such a company or with its authorization, or

3.
are entrusted with the production of a system used for the operation of such a company or with work on it.

(4) Anyone who makes an unauthorized notification to another person about facts that he has become aware of as an official working outside the postal or telecommunications sector due to an authorized or unauthorized interference with the confidentiality of postal or telecommunications, is subject to a prison sentence of up to two years or Punished fine.

(5) 1The more detailed circumstances of the postal traffic of certain persons as well as the content of postal items are subject to postal secrecy. The content of the telecommunications and its specific circumstances, in particular the fact whether someone is or was involved in a telecommunications process, are subject to telecommunications secrecy. 3The telecommunications secrecy also extends to the more detailed circumstances of unsuccessful connection attempts.


Sections 207 to 210




Link to this site: https://www.buzer.de/gesetz/6165/b16640.htm Keywords: criminal law