GERMANY
Criminal measures
Criminal code
Criminalisation of support for terrorist organisations: § 129a (5); maximum sentence 10
years.
Criminalisation of financing terrorism: § 89c; maximums sentence 10 years.
Criminalisation of recruitment: § 129a (5); maximum sentence five years.
Criminalisation of training: § 89a (1)(1).
Criminalisation of travel with the intent to receive training or committing crimes: § 89a-d.
Criminalisation of membership of a terrorist organisation: § 129a (2); maximum sentence 10
years if the organisation if one is in a leading position.
Criminalisation of incitement: § 130; maximum five years.
Involvement of minors of terrorist organisations: § 129a (6); minors committing terrorist
related crimes can face lesser sentences at the direction of the court.
Prison Act
No terror specific rules exist when it comes to solitary confinement. The Normal provisions
apply; § 89.
Administrative measures
Criminal Code
Once convicted of a number of the terror related crimes listed above, a judge may order
continued supervision such as electronic monitoring: § 68a.
Law on the Federal Criminal Police Office
Individuals suspected of terrorism can be subjected to electronic monitoring on a Federal Level.
Electronic monitoring as part of supervision of conduct is based on federal law but
implemented at the state level. That said, in 2012 a Joint Electronic Monitoring Centre for
the Länder was formed.
Counter-Terrorism File Act - ATDG
Federal database of individuals suspected to have links to terrorism, data privacy laws of
the Basic Laws are curtailed: § 20z
Passport Act of 1986
Passports can be withdrawn of withheld from individuals suspected to pose a threat to the
Federal Republic: § 7 and 8.
Individuals who have been denied passports or other forms of identification or whose
documents have been declared void are not allowed to enter or exit Germany: § 10.
Law on Identity Cards and Electronic Identification
ID cards can be refused on the same terms as passports: § 6a.
Individuals whose identity documents have been declared void or who cannot obtain
new ones, as specified above, are issued another type of ID: § 6A(2).
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RIGHTS & SECURITY INTERNATIONAL
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