Entrapment - Germany

Germany

In German law, it is normally forbidden (§ 26 StGB) to induce or persuade someone to commit a crime, or to attempt to do so (§ 30 StGB, in German). However, the German Federal Court of Justice has held that entrapment by undercover police agents is not a reason to stay the case per se (e.g. GA 1975, 333, 334). If undercover agents have been used without proper justification, punishment for the committed offense may be reduced (1st Senate's decision in 1 StR 148/84 - 23 May, 1984).

In the case of persons who are not initially under suspicion and unlikely to commit a certain crime, a decision from 1999 (18th of November, BGH 1 StR 221/99, in German) stated that entrapment of such persons violates the right to a fair trial (and therefore the punishment for the committed offence may be reduced).

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