Imagini ale paginilor
PDF
ePub

Section 6

Whoever, without permission of the competent authority, takes photographs within an area restricted for security reasons by official notice, takes photographs of a building in which arms or other supplies required for the Forces are produced or stored, or of any other military installation, makes sketches of such objects, or puts such photographs or sketches into circulation shall be punished by imprisonment or a fine or both.

Section 7

1. Whoever establishes or maintains relations the object of which is supplying information within the meaning of Sections 1 and 4 with a government, a party, any other association or an institution outside the Federal territory and Berlin (West), or with a person acting for such government, party, association or institution shall be punished with imprisonment.

2. Whoever, acting for a government, a party, any other association or an institution outside the Federal territory and Berlin (West), establishes relations of the type described in paragraph 1 of this Section with another person or maintains such relations shall be punished in like manner.

Section 8

1. Whoever, with intent to cause or promote a war, an armed enterprise or measures of compulsion against one of the Three Powers of the Forces, establishes or maintains relations with a government, a party, any other association or an institution outside the Federal territory and Berlin (West), or with a person acting for such government, party, association or institution, shall be punished by imprisonment with hard labour (Zuchthaus).

2. If the offender acts with intent to cause or promote such other measures or plans of a government, a party, any other association or an institution outside the Federal territory and Berlin (West) as are designed to prejudice the security of one of the Three Powers or of the Forces, the penalty shall be imprisonment. The attempt is punishable.

3. Whoever, with intent to cause or promote one of the measures or plans specified in paragraphs 1 and 2 of this Section, makes or circulates untrue or grossly distorted statements of facts shall be punished by imprisonment. The attempt is punishable.

4. In especially serious cases under paragraph 1 of this Section the penalty may be imprisonment with hard labour (Zuchthaus) for life; in especially serious cases under paragraphs 2 and 3, the penalty may be imprisonment with hard labour (Zuchthaus).

Section 9

1. For acts punishable under this Title there may be imposed:

In addition to the penalties under Section 2 and paragraph 1 of Section 8, a fine of unlimited amount;

In addition to the penalties under Sections 3, 4 and 7 and paragraphs 2 and 3 of Section 8, a fine;

In addition to imprisonment of not less than three months imposed for a wilfully committed offence, for a period of one to five years, incapacity to hold public office and the loss of the right to vote and to be elected as well as the loss of rights acquired through public election;

In addition to imprisonment of any type imposed under Sections 2, 4, 5, 7 and 8, authorization to place the convicted person under police supervision.

2. Section 86 of the Criminal Code, as amended by the Law of 30 August 1951, shall apply mutatis mutandis.

TITLE II-SABOTAGE

Section 10

1. Whoever wilfully damages, destroys, renders unserviceable or displaces military equipment of the Forces or an installation intended for defence within the meaning of Article 4 of the Convention on Relations between the Three Powers and the Federal Republic of Germany and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished by imprisonment for not less than three months. In serious cases, imprisonment with hard labour (Zuchthaus) shall be imposed.

2. Whoever wilfully manufactures or delivers in a defective manner military equipment or a defence installation or raw material reserved for defence and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished in like manner.

3. The attempt is punishable.

4. Whoever acts in a grossly negligent manner and thereby endangers negligently the security of the Forces or their readiness for action shall be punished by imprisonment.

Section 11

Whoever unlawfully obstructs or disturbs the Forces or individual members of the Forces in the exercise of their official duties and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished by imprisonment, unless a more severe penalty is provided for the act by other provisions.

TITLE III-UNDERMINING THE WILLINGNESS TO SERVE AND
DISCIPLINE OF THE FORCES

THE

Section 12

1. Whoever influences members of the Forces with intent to undermine their willingness to serve with the Forces shall be punished by imprisonment.

2. The attempt is punishable.

1 Supra, p. 487.

3. In especially serious cases, imprisonment with hard labour (Zuchthaus) not exceeding five years may be imposed.

Section 13

1. Whoever induces a member of the Forces to desert or facilitates the desertion of a member of the Forces shall be punished by imprisonment for not less than three months.

2. The attempt is punishable.

3. In especially serious cases, imprisonment with hard labour (Zuchthaus) not exceeding ten years may be imposed.

Section 14

Whoever solicits or incites a member of the Forces to disobey a superior shall be punished by imprisonment not exceeding two years.

TITLE IV-VILIFYING THE FORCES

Section 15

Whoever publicly vilifies the Forces or maliciously and deliberately exposes them to contempt shall be punished by imprisonment.

TITLE V—APPLICATION OF PROVISIONS OF THE GERMAN CRIMINAL CODE IN FAVOUR OF THE FORCES

Section 16

The following provisions of the Criminal Code shall apply mutatis mutandis in favour of the Forces:

(a) Sub-paragraph 2 of paragraph 1 and paragraph 2 of Section 96 to acts directed against the national symbols of the Forces;

(b) Sections 113, 115 and 116-to resistance, riot and unlawful assembly, if these offences are committed against the Forces, their soldiers, officials or such of their employees as were summoned to assist them;

(c) Section 115-to coercion committed against the Forces, their soldiers and officials;

(d) Sections 120, 121, 122b and 347-to acts against the detention of prisoners held by the Forces or committed upon their orders to an institution;

(e) Sections 123 and 124-to trespass committed against the peace of the premises of the Forces which are assigned to public service and traffic;

(f) Section 132-to falsely impersonating a soldier or an official of the Forces and to unauthorized exercise of official functions of such persons;

(g) Section 333-to bribing soldiers or officials of the Forces. or such of their employees as have been formally bound to conscientious fulfilment of their duties under general or special instructions of a superior authority.

ANNEX B

PROVISIONS ON RADIO FREQUENCIES 1

[Not reprinted here]

16. FINANCE CONVENTION, MAY 26, 1952, AS AMENDED BY SCHEDULE III TO THE PROTOCOL ON THE TERMINATION OF THE OCCUPATION REGIME IN THE FEDERAL REPUBLIC OF GERMANY, OCTOBER 23, 1954 2

THE UNITED STATES OF AMERICA,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE FRENCH REPUBLIC

and the

FEDERAL REPUBLIC OF GERMANY, Agree as follows:

3

ARTICLE 1

1. In the present Convention the following terms shall, unless the context otherwise requires, have the same meanings as are given to them in Article 1 of the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany (hereinafter referred to as "the Forces Convention"):

[blocks in formation]

2. In the present Convention the following additional terms shall be given the meanings hereinafter indicated:

(a) Authorities of the Power concerned: The authorities of the Power concerned, including the authorities of its Forces. (b) Deleted.

(c) Funds for the support of the Forces: Funds of the Federal Republic which are made available in accordance with paragraphs 1 to 3 of Article 4 of the present Convention to the Powers

1 For text, see S. Doc. No. 11, 84th Cong., 1st sess., pp. 57-58, which incorporates the amendments of Schedule II.

2 The Bonn Agreements of 1952 as Amended by the Paris Protocol of 1954 (S. Doc. No. 11, 84th Cong., 1st sess.), pp. 59–75. For the 1952 text of this convention, see S. Execs. Q and R, 82d Cong., 2d sess., pp. 135–150.

3

Supra, pp. 498–500.

concerned to assist in meeting the costs of the Forces stationed in the Federal territory and their members.

ARTICLE 2

The authorities of the Powers concerned and the German authorities shall extent [extend] to each other full co-operation and assistance to further the purposes of the present Convention, shall exchange all information available to any of them which may be necessary for the implementation of the present Convention, and shall afford to each other the services of any of their respective agencies to assist in the satisfactory implementation of the present Convention.

ARTICLE 3

[Deleted.]

1. (a) From the entry into force of the present Convention until the entry into force of the arrangements for the German Defence Contribution, the Federal Republic will provide a monthly average contribution of DM 600 million as funds for the support of the Forces.

(b) Out of the sum of DM 600 million referred to in subparagraph (a) of this paragraph a sum of DM 100 million a month will be earmarked for particular defence measures agreed jointly between the Three Powers and the Federal Republic, which latter sum will include expenditure for the NATO Infrastructure Programme. Payment of claims for Occupation damages can be included.

ARTICLE 4

(c) The provisions of sub-paragraphs (a) and (b) of this paragraph apply in any case only until 30 June 1955. If the arrangements for the German Defence Contribution enter into force after that date, negotiations shall take place between the Federal Republic and the Three Powers concerning the contribution of the Federal Republic to the support of the Forces for the period after 30 June 1955 and before the entry into force of the arrangements for the German Defence Contribution.

2. During the first twelve months after the entry into force of the arrangements for the German Defence Contribution, the Federal Republic will make available as funds for the support of the Forces a total amount of DM 3,200 million. These funds shall be made available as follows:

DM 400 million a month for the first two months;
DM 300 million a month for the next four months;
DM 200 million a month for the last six months.

If the arrangements for the German Defence Contribution enter into force after 30 June 1955, these provisions shall not apply, and negotiations shall take place between the Federal Republic and the Three

1 See the Protocols of Oct. 23, 1954, to the North Atlantic Treaty and to the Brussels Treaty; infra, pp. 871-873 and 972-989.

« ÎnapoiContinuați »