Dear colleagues,
We wish to send you this week's legal news:
For § 5, § 5a is inserted, which defines who is the perpetrator of a misdemeanor:
The offender is the one who committed the offence themselves.
(2) A physical person only can be perpetrator of a contravention.
In addition to the aforementioned Section 5a, Section 5b has also been inserted into the Act: If the offence was committed by the joint action of two or more offenders, each of them shall be liable as if they had committed the offence themselves.
In addition to the above-mentioned changes, § 50 of the Act was also amended and extended as follows:
§ 50 Property Offences
In accordance with the amendment, an offence is committed by anyone who intentionally causes damage to the property of another or attempts such an action:
In addition to the above, an offence is also committed by anyone who intentionally conspires or directs the commission of an offence, incites another to commit an offence, asks another to commit an offence, or provides assistance to another to commit an offence, particularly by procuring means, removing obstacles, offering advice, reinforcing intent or promising to help after the commission of the offence.
Penalties for property offences:
If an offence is repeated within 12 months, a fine may be imposed.
Making a sound recording
The competent authority may make an audio recording of the oral hearing for the purposes of the contravention proceedings. A person present at the oral hearing may also make an audio recording, but must notify the competent authority and the persons present at the oral hearing beforehand. The competent authority may prohibit a person present at the oral hearing from making an audio recording if it would disturb the course of the oral hearing, or if classified information or information constituting a secret protected by a special act is to be discussed, or in the case of other important interests of the person present at the oral hearing.
Making image or audio-visual recordings of oral proceedings is still not permitted.