3. What criminal offences are included in supplementary penal provisions?
The criminal provisions in the Stock Corporation Act (§§ 399-404 AktG) as well as in §§ 38-40b German Securities Trading Act (WpHG) and §§ 143-145 Trade Mark Act (MarkenG) are of particular importance in the area of business criminal law.
The Road Traffic Act (StVG) also contains criminal offences: Pursuant to § 21 StVG, driving without a driving licence is punishable by imprisonment for up to one year or a fine. Similarly, according to § 22 StVG, anyone who misuses a license plate will be punished.
The violation of copyrights, the so-called file sharing, does not only lead to warnings or claims for damages, but can be prosecuted under the conditions of §§ 106-109 Copyright Act (UrhG).
Who acts against a certain restraining order to is punished according to § 4 Protection against Violence Act (GewSchG) with imprisonment up to one year or with fine.
The German Medicinal Products Act (Arzneimittelgesetz, AMG), which regulates the proper provision of medicines, contains penal and fine provisions in §§ 95 – 98a.
According to § 18 German Transplantation Law (TPG), trafficking in organs or tissue is punishable by law.
In addition, various other laws such as the Federal Nature Conservation Act (§ 66 BNatSchG), the Federal Hunting Act (§ 38 BJagdG) or the Assembly Act (§§ 21 ff. Versammlungsgesetz) contain penal provisions.
A good criminal defender does not only take the StGB to the hand, but finds one’s way also in the impenetrable supplementary penal provisions.