4 ms·
What does German law consider "Treason"? In the US, treason has a very specific meaning regarding the Mens rea of the accused. You have to prove that the accuse
by nickbauman 11y ago
What does German law consider "Treason"? In the US, treason has a very specific meaning regarding the Mens rea of the accused. You have to prove that the accused meant to do harm to the republic by the action. (For example even worst case scenario, Snowden could never be accused of treason because there was no intent to harm; quite the contrary.)
https://en.wikipedia.org/wiki/Mens_rea https://en.wikipedia.org/wiki/Mens_rea
- cremno 11y agoThe second link in the article is: http://www.iuscomp.org/gla/statutes/StGB.htm#BII http://www.iuscomp.org/gla/statutes/StGB.htm#BII It's an English translation from 1998 but § 94 StGB hasn't changed since 1975: https://dejure.org/gesetze/StGB/94.html https://dejure.org/gesetze/StGB/94.html
- baertram 11y agoIt has more or less the same legal meaning. I have seen no evidence for any "treason" charges (according to §94 StGB), the charges are most likely "disclosure of secrets" (§353b StGB). The cause for the confusion of the terms is most likely the relation of the words. "Verrat" -> "the act of treason" "Verräter" -> "traitor" versus: "jemanden etwas verraten" -> "to disclose something to someone" "Geheimnisverrat" -> "disclosure of secrets"