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borys91
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- Dołączył
- 10.2021
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Ktoś się orientuje w przepisach niemieckich. Znalazłem coś takiego i nie wiem czy to aktualne? Drugie pytanie to jakie są różnice w porównaniu z polskimi przepisami?:
Section 177
Sexual assault; sexual coercion; rape
(1) Whoever, against a person’s discernible will, performs sexual acts on that person or has that person perform sexual acts on them, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs a penalty of imprisonment for a term of between six months and five years.
(2) Whoever performs sexual acts on another person or has that person perform sexual acts, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs the same penalty if
1. the offender exploits the fact that the person is not able to form or express a contrary will,
2. the offender exploits the fact that the person is significantly impaired in respect of the ability to form or express a will due to said person’s physical or mental condition, unless the offender has obtained the consent of that person,
3. the offender exploits an element of surprise,
4. the offender exploits a situation in which the victim is threatened with serious harm in case of offering resistance or
5. the offender has coerced the person to perform or acquiesce to the sexual acts by threatening serious harm.
(3) The attempt is punishable.
(4) The penalty is imprisonment for a term of at least one year if the inability to form or express a will is due to the victim’s illness or disability.
(5) The penalty is imprisonment for a term of at least one year if the offender
1. uses force against the victim,
2. threatens the victim with a present danger to life or limb or
3. exploits a situation in which the victim is unprotected and at the mercy of the offender’s influence.
(6) In especially serious cases, the penalty is imprisonment for a term of at least two years. An especially serious case typically occurs where
1. the offender has sexual intercourse with the victim or has the victim have sexual intercourse or commits such similar sexual acts on the victim or has the victim commit them on them which are particularly degrading for the victim, especially if they involve penetration of the body (rape), or
2. the offence is committed jointly by more than one person.
(7) The penalty is imprisonment for a term of at least three years if the offender
1. carries a weapon or other dangerous implement,
2. otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person by force or threat of force or
3. places the victim at risk of serious damage to health.
(8) The penalty is imprisonment for a term of at least five years if
1. the offender uses a weapon or other dangerous implement during the commission of the offence or
2. the offender
a) seriously physically abuses the victim during the offence or
b) by committing the offence places the victim in danger of death.
(9) In less serious cases under subsections (1) and (2), the penalty is imprisonment for a term of between three months and three years, in less serious cases under subsections (4) and (5) imprisonment for a term of between six months and 10 years, and in less serious cases under subsections (7) and (8) imprisonment for a term of between one year and 10 years.
Section 177
Sexual assault; sexual coercion; rape
(1) Whoever, against a person’s discernible will, performs sexual acts on that person or has that person perform sexual acts on them, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs a penalty of imprisonment for a term of between six months and five years.
(2) Whoever performs sexual acts on another person or has that person perform sexual acts, or causes that person to perform or acquiesce to sexual acts being performed on or by a third person incurs the same penalty if
1. the offender exploits the fact that the person is not able to form or express a contrary will,
2. the offender exploits the fact that the person is significantly impaired in respect of the ability to form or express a will due to said person’s physical or mental condition, unless the offender has obtained the consent of that person,
3. the offender exploits an element of surprise,
4. the offender exploits a situation in which the victim is threatened with serious harm in case of offering resistance or
5. the offender has coerced the person to perform or acquiesce to the sexual acts by threatening serious harm.
(3) The attempt is punishable.
(4) The penalty is imprisonment for a term of at least one year if the inability to form or express a will is due to the victim’s illness or disability.
(5) The penalty is imprisonment for a term of at least one year if the offender
1. uses force against the victim,
2. threatens the victim with a present danger to life or limb or
3. exploits a situation in which the victim is unprotected and at the mercy of the offender’s influence.
(6) In especially serious cases, the penalty is imprisonment for a term of at least two years. An especially serious case typically occurs where
1. the offender has sexual intercourse with the victim or has the victim have sexual intercourse or commits such similar sexual acts on the victim or has the victim commit them on them which are particularly degrading for the victim, especially if they involve penetration of the body (rape), or
2. the offence is committed jointly by more than one person.
(7) The penalty is imprisonment for a term of at least three years if the offender
1. carries a weapon or other dangerous implement,
2. otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person by force or threat of force or
3. places the victim at risk of serious damage to health.
(8) The penalty is imprisonment for a term of at least five years if
1. the offender uses a weapon or other dangerous implement during the commission of the offence or
2. the offender
a) seriously physically abuses the victim during the offence or
b) by committing the offence places the victim in danger of death.
(9) In less serious cases under subsections (1) and (2), the penalty is imprisonment for a term of between three months and three years, in less serious cases under subsections (4) and (5) imprisonment for a term of between six months and 10 years, and in less serious cases under subsections (7) and (8) imprisonment for a term of between one year and 10 years.