Concept and legal classification of assassination
Das Assassination refers to a targeted, usually planned and unexpected act of violence against an individual, a group of people, or an institution, often committed for political, religious, or ideological reasons. In the legal context, the term “assassination” is primarily used in connection with serious criminal offenses such as murder, manslaughter, bodily injury offenses, or crimes endangering the state. In many legal systems, assassination constitutes a qualified form of a criminal offense and is subject to special penalties.
Definition and differentiation
Assassination in common language usage
In general language usage, assassination refers to the targeted attempt to kill or seriously injure a person by violent means, usually with the intention of influencing political or societal developments. Assassination differs from other acts of violence particularly through its planned and prepared execution, as well as its specific intention directed at a particular person or group.
Legal definition in criminal law
The legislation of many countries recognizes the term assassination as part of certain criminal offenses or as an aggravating circumstance. In German criminal law, for example, the term “assassination” rarely appears explicitly in the wording of laws, but is associated with crimes such as murder (§ 211 StGB), manslaughter (§ 212 StGB), attempted murder (§ 23, § 211 StGB), dangerous bodily injury, or crimes endangering the state (§§ 89 ff. StGB). Planning, the targeted nature of the act, and usually an ideologically motivated background are particularly emphasized.
Forms and manifestations of assassination
Politically motivated assassinations
Assassinations with a political background often serve to influence or destabilize state institutions or to eliminate political opponents. This includes, for example, attacks on heads of government, political office holders, or representatives of public administration.
Religiously and ideologically motivated assassinations
In this context, assassination is a method used by extremist groups to shake societies, spread fear and terror, or underscore a particular ideological message. Such offenses typically also meet the criteria of terrorism laws.
Assassinations without political background
In addition to political or ideological motives, personal reasons are also conceivable, such as revenge, jealousy, or personal hatred. Such acts often fall under the general criminal offenses of murder or manslaughter, but may still be referred to as assassination in the media and public perception.
Assassination in German criminal law
Punishable preparatory acts
In connection with assassinations, preparatory acts may already be punishable if they meet certain requirements. These so-called “preparatory acts” particularly include forming terrorist organizations (§ 129a StGB), the preparation of a serious crime endangering the state (§ 89a StGB), or supporting terrorist activities (§ 129b StGB).
Attempt and completion
An assassination can also be punishable at the attempted stage, especially if the act has been directly set in motion without being completed. The attempted killing of a person with murderous intent already constitutes the attempt of murder (§ 23, § 211 StGB) under German law and is punished accordingly.
Penalty and sanctions
The penalty for an assassination depends on the specific criminal offense realized. In the case of completed murder, a life sentence is mandatory. Particularly serious cases, such as an assassination on leading government organs, may, depending on legal assessment, result in additional aggravations of punishment.
Assassination and crimes endangering the state
Terrorist acts of violence
Assassinations are often equated with terrorist offenses, especially when directed against the life of high-ranking government officials or the public at large. The legal handling of such acts is regulated by the law to combat international terrorism, which introduces a separate category of terrorist violent offenses.
Endangerment of public peace and security
An assassination can also pose a significant threat to public peace and is therefore subject to special laws protecting public safety and order. This includes, for example, the German Explosives Act (SprengG), which provides particularly severe penalties for assassinations using explosives.
Special protective provisions and procedural law
Victim protection in the context of assassination offenses
Victims of assassination enjoy special protection rights, which are reinforced by the Crime Victims Compensation Act and other criminal procedure provisions. Investigative authorities are obliged to take appropriate measures to protect victims and their relatives.
Witness and perpetrator protection
Both witnesses and defendants involved in proceedings relating to assassinations are provided with specific protective measures to guarantee the safety of the proceedings and the people involved. These include, among other things, the anonymization of witness statements and the possibility of giving evidence via video conference.
International legal aspects
Assassination in international law
Assassination also plays a role in international law, particularly concerning the protection of diplomats and heads of state. The targeted killing for political or religious reasons can, under certain circumstances, be classified as a violation of international law, a war crime, or a crime against humanity.
Cooperation in criminal prosecution
The fight against and prosecution of cross-border assassinations requires close international cooperation between law enforcement authorities. Numerous bilateral and multilateral agreements regulate extradition, mutual legal assistance, and the exchange of information for the effective prosecution of such acts.
Differentiation from other criminal offenses
Not every intentional killing or bodily harm automatically meets the criteria of an assassination. The decisive factors are specific intention, planning, motivation, and the societal impact. Therefore, simple bodily harm without special purpose should not be classified as assassination.
Conclusion
Assassination represents a particularly serious form of violent crime, usually committed for political, ideological, or societally relevant motives. The legal framework is comprehensively regulated and ranges from the punishment of the act itself through criminalization of preparation to extensive protection measures for victims and witnesses, as well as close international cooperation in prosecution. The legal classification and assessment of assassination are always carried out with regard to the particular danger, the target, and the broader societal impacts.
Frequently asked questions
What are the criminal consequences of an assassination in Germany?
An assassination, generally understood as a targeted, often deadly attack on a person of political, societal, or public significance, is typically considered under German criminal law to be a particularly serious case of a homicide offense, such as murder (§ 211 StGB) or manslaughter (§ 212 StGB). Criminal liability may arise from various offenses, depending on the commission and motivation, such as murder, attempted murder, endangering public peace by threatening criminal acts (§ 126 StGB), bodily injury (§ 223 StGB ff.), violence against persons under international protection (§ 102 StGB), or under the German Code of Crimes against International Law. Penalties can extend up to life imprisonment; in the case of murder, a life sentence is mandatory. Further aggravating circumstances may apply for political, racist, or other reprehensible motives (§ 46 Para. 2 StGB). Depending on the means used (e.g., weapons, explosives), additional offenses such as illegal possession of weapons or violations of the Explosives Act may apply.
How is the planning of an assassination legally assessed?
Even planning and preparation of an assassination can be punishable, especially when it has reached an advanced stage (so-called preparatory acts). German criminal law distinguishes between mere intent, which is not yet punishable, and a punishable attempt. Attempted offenses, such as attempted murder or manslaughter, are threatened with severe penalties just like the completed offense (§ 23 StGB). Specific preparatory acts, such as procuring weapons, explosives, or other dangerous items for the purpose of an assassination, may already fall under special criminal provisions, including the formation of terrorist organizations (§ 129a StGB), preparation of a serious violent offense endangering the state (§ 89a StGB), or conspiracy to commit a felony (§ 30 StGB).
What role does motive play in sentencing?
The motive of a perpetrator can have a significant impact on sentencing under German criminal law. If the motive is particularly reprehensible, such as being based on base motives (e.g., political, ideological, racist motivation), a qualified offense of murder under § 211 StGB exists. In such cases, the law invariably provides for life imprisonment. Under sentencing guidelines (§ 46 StGB), motive is considered a significant factor. Especially in assassinations with a terrorist background, motives and objectives are strictly taken into account, regularly resulting in harsher penalties.
What special rules apply to assassinations of public officials or persons of public life?
Assassinations of public officials, such as politicians or police officers, are given special protection by specific provisions. For example, § 112 StGB addresses “anti-constitutional sabotage,” § 113 StGB addresses “resistance to law enforcement officers” (when force is used), and § 115 StGB covers “attacks on persons or entities under international protection.” Attacks on persons in particularly public service positions are generally regarded as especially serious offenses. Furthermore, § 304 StGB (criminal damage to public property) applies if the attack is directed at public institutions. Additionally, an attack on public officials is often seen as an attack on the state order itself, which can result in harsher penalties.
What civil law consequences arise from an assassination?
In addition to criminal consequences, an assassination can also result in considerable civil liability claims. The perpetrator is liable to the injured person or, in case of death, to the bereaved for all resulting damages, including compensation for pain and suffering, medical treatment costs, loss of income, and, if applicable, maintenance payments under §§ 823 ff. BGB (unlawful act). In case of death, survivors may have claims for funeral expenses or maintenance (§ 844 BGB). The state may also assert recourse claims against the perpetrator, for example, if it pays compensation to victims from public funds. Pursuing civil claims is possible and common in parallel to criminal proceedings.
When does prosecution begin and when does it become time-barred after an assassination?
For particularly serious offenses such as murder committed by an assassination, German criminal law provides for no statute of limitations for prosecution (§ 78 Para. 2 StGB). This means the perpetrator can be held criminally accountable even after decades. For less serious offenses, such as grievous bodily harm without fatality, prosecution generally becomes time-barred after 20 years (§ 78 Para. 3 StGB). The limitation period starts upon completion of the act, but can under certain circumstances be suspended or interrupted, such as by the perpetrator’s flight or the initiation of proceedings.
Are assassinations covered by international treaties or special legal cooperation?
Assassinations with an international link, for example, if committed or planned abroad, fall under international treaties and cooperation, such as the European Arrest Warrant or mutual legal assistance agreements. German criminal law provides for extraterritorial jurisdiction in certain situations (§§ 6-7 StGB), especially for attacks against internationally protected persons or institutions. Cooperation occurs closely with international organizations such as Interpol or Europol, and Germany is obliged to arrest perpetrators internationally and extradite them if the conditions for extradition are met.
How is the involvement of third parties or supporters legally assessed?
Participation in an assassination as an instigator (§ 26 StGB), accomplice (§ 27 StGB), or co-perpetrator (§ 25 Para. 2 StGB) is punishable just like the direct commission of the act. Supporters, such as logistical helpers or financiers, are punished according to their level of involvement. The penalty depends on the degree of individual participation. Anyone who knows about the plans and fails to report them can be prosecuted for failure to report planned crimes (§ 138 StGB). Particularly strict laws apply to supporting terrorist organizations (§ 129a StGB), where even mere membership or facilitation is punishable.
