German Basic Law (Grundgesetz) Article V
Article 5
[Freedom of expression, arts and sciences]
(1) Every person shall have the right freely to express and
disseminate his opinions in speech, writing and pictures, and to inform himself
without hindrance from generally accessible sources. Freedom of the press and
freedom of reporting by means of broadcasts and films shall be guaranteed.
There shall be no censorship.
(2) These rights shall find their limits in the provisions of
general laws, in provisions for the protection of young persons, and in the
right to personal honour.
(3) Arts and sciences, research and teaching shall be free. The
freedom of teaching shall not release any person from allegiance to the
constitution.
German Criminal
Code: Volksverhetzung
Section 130
Incitement to hatred
(1) Whosoever, in a manner capable of disturbing the public peace
1. incites hatred against a national, racial, religious
group or a group defined by their ethnic origins, against segments of the population
or individuals because of their belonging to one of the aforementioned groups
or segments of the population or calls for violent or arbitrary measures
against them; or
2. assaults the human dignity of others by insulting,
maliciously maligning an aforementioined group,
segments of the population or individuals because of their belonging to one of
the aforementioned groups or segments of the population, or defaming segments
of the population,
shall be liable to imprisonment from three months to five years.
1. with respect to written materials (section 11(3))
which incite hatred against an aforementioned group, segments of the population
or individuals because of their belonging to one of the aforementioned groups
or segments of the population which call for violent or arbitrary measures
against them, or which assault their human dignity by insulting, maliciously
maligning or defaming them,
(a) disseminates such written materials;
(b) publicly displays, posts, presents, or otherwise makes
them accessible;
(c) offers, supplies or makes them accessible to a
person under eighteen years; or
(d) produces, obtains, supplies, stocks, offers,
announces, commends, undertakes to import or export them, in order to use them
or copies obtained from them within the meaning of Nos (a) to (c) or facilitate
such use by another; or
2. disseminates a presentation of the content indicated
in No 1 above by radio, media services, or telecommunication services
shall be liable to imprisonment not exceeding three years or a
fine.
(3) Whosoever publicly or in a meeting approves of, denies or
downplays an act committed under the rule of National Socialism of the kind
indicated in section 6 (1) of the Code of International Criminal Law, in a
manner capable of disturbing the public peace shall be liable to imprisonment
not exceeding five years or a fine.
(4) Whosoever publicly or in a meeting disturbs the public peace
in a manner that violates the dignity of the victims by approving of, glorifying,
or justifying National Socialist rule of arbitrary force shall be liable to
imprisonment not exceeding three years or a fine.
(5) Subsection (2) above shall also apply to written materials
(section 11(3)) of a content such as is indicated in subsections (3) and (4)
above.
(6) In cases under subsection (2) above, also in conjunction with
subsection (5) above, and in cases of subsections (3) and (4) above, section
86(3) shall apply mutatis mutandis.
Section 130a
Attempting to cause the commission of offences by means of publication
(1) Whosoever disseminates, publicly displays, posts, presents, or
otherwise makes accessible written material (section 11(3)) capable of serving
as an instruction for an unlawful act named in section 126(1) and intended by
its content to encourage or cause others to commit such an act, shall be liable
to imprisonment not exceeding three years or a fine.
1. disseminates, publicly displays, posts, presents, or
otherwise makes accessible written material (section 11(3)) capable of serving
as an instruction for an unlawful act named in section 126(1); or
2. gives instructions for an unlawful act named in section
126(1) publicly or in a meeting,
in order to encourage or cause others to commit such an act, shall
incur the same penalty.
(3) Section 86(3) shall apply mutatis mutandis.
Section 131
Dissemination of depictions of violence
1. disseminates written materials (section 11(3)),
which describe cruel or otherwise inhuman acts of violence against humans or
humanoid beings in a manner expressing glorification or which downplays such
acts of violence or which represents the cruel or inhuman aspects of the event
in a manner which violates human dignity;
2. publicly displays, posts, presents, or otherwise
makes them accessible;
3. offers, supplies or makes them accessible to a
person under eighteen years; or
4. produces, obtains, supplies, stocks, offers,
announces, commends, undertakes to import or export them, in order to use them
or copies obtained from them within the meaning of numbers 1 to 3 above or
facilitate such use by another,
shall be liable to imprisonment not exceeding one year or a fine.
(2) Whosoever disseminates a presentation with a content indicated
in subsection (1) above by radio, media services, or telecommunication services
shall incur the same penalty.
(3) Subsections (1) and (2) above shall not apply in cases of
reporting about current or historical events.
(4) Subsection (1) No 3 above shall not apply if the person authorised to care for another person acts; this shall not
apply if that person grossly neglects his duty of education by offering,
giving, or making them accessible.
United States First Amendment Exceptions to
Guarantee of Free Speech
Defamation—Libel and Slander
Fighting Words—“clear and present danger”
Obscenity—not pornography, which has a socially redeeming value
Conspiracy—preparations to commit a crime:
The term “conspiracy” is used a lot when discussing criminal charges in Virginia. It is often used alongside drug, assault, robbery, and other charges. Conspiracy is defined as two or more individuals agreeing with each other to carry out a crime. Those individuals must take steps towards committing that crime and prosecutors must prove that each individual both knew of, and intended on committing, the crime. The unique thing about conspiracy charges is that Virginia residents can be charged with such offenses even if the criminal activity intended is not fully carried out. Conspiracy charges in Virginia can carry stiff punishment, including prolonged time behind bars. With so much at stake, it is important that those facing such charges contact a criminal defense lawyer who understands conspiracy crimes in Virginia. They will work with clients to form a strong defense against what many consider to be a very subjective area of Virginia law.
Conspiracy
to commit a felony
Section 18.2-22 of the Virginia criminal code outlines the laws surrounding conspiracy to commit a felony. The section states that any individuals that conspire to commit a felony either inside or outside the Commonwealth could be found guilty on conspiracy charges. If the crime that the individuals conspired to commit is punishable by death, those individuals face a Class 3 felony conspiracy charge. If the crime that the individuals conspired to commit is a noncapital felony, the charge is knocked down to a Class 5 felony.
If the crime that individuals are conspiring to commit is punishable by less than five years in state prison, then the conspiracy charge carries with it a punishment of up to one year in prison, or in the court’s discretion up to twelve months in jail and/or a fine of up to $500. A Virginia conspiracy lawyer can help eliminate conspiracy charges or work for a reduced sentence.
German Criminal
Code: Section 30
Conspiracy
(1) A person who attempts to induce another to commit a felony or
abet another to commit a felony shall be liable according to the provisions
governing attempted felonies. The sentence shall be mitigated pursuant to
section 49 (1). Section 23 (3) shall apply mutatis mutandis.
(2) A person who declares his willingness or who accepts the offer
of another or who agrees with another to commit or abet the commission of a
felony shall be liable under the same terms.
Section 31
Withdrawal from conspiracy
(1) A person shall not be liable under section 30 if he
voluntarily
1. gives up the attempt to induce another to commit a
felony and averts
any existing danger that the other may commit the offence;
2. after having declared his willingness to commit a
felony, gives up his plan; or
3. after having agreed to commit a felony or accepted
the offer of another to commit a felony prevents the commission of the offence.
(2) If the offence is not completed regardless of his actions or
if it is committed independently of his previous conduct, his voluntary and
earnest effort to prevent the completion of the offence shall suffice for
exemption from liability.