The term “Anschlag” in law: definition, meaning, and applications
The term “Anschlag” holds versatile and significant meaning in German law. Depending on the area of law, an Anschlag may refer to a specific criminal act, a particular form of official publication, a legal provision in public law, or contractual interpretation in civil law. Below, the term “Anschlag” is comprehensively defined, differentiated, and its various areas of application are explained in detail.
1. The term “Anschlag” in legal terminology
1.1 Basic definition
The word “Anschlag” has different meanings in German law. On the one hand, it refers to a form of public announcement; on the other hand, it can mean a violent or threatening act, particularly in the context of criminal or security law. The exact interpretation depends on the respective context and area of law. Therefore, legal texts and commentaries always pay close attention to the specific meaning of the term.
2. Anschlag in criminal law
2.1 Anschlag as an offense
In criminal law, the term “Anschlag” is often associated with acts of violence and terrorism-related offenses. The term is especially relevant in the context of the German Criminal Code (StGB):
- Section 126 StGB: Threats to commit criminal acts – Here, the term “Anschlag” is also used, for example, when threatening attacks on life, physical integrity or personal freedom, as well as threats to significant property.
- Section 129a StGB: Formation of terrorist organizations – The wording recognizes an Anschlag as a central element of terrorist or state-threatening offenses.
- Section 308 StGB: Causing an explosion by explosives – The law also speaks of the ‘execution of an Anschlag’ in this context.
In this context, an Anschlag is regularly defined as a deliberately planned, violent, often secretly prepared attack on persons or property, especially with the aim of endangering the life or property of others.
2.2 Criminal assessment and differentiation
The assessment of an Anschlag under criminal law is based on its specific design:
- Planning and execution: A criminally relevant Anschlag includes the deliberate preparation and execution of the act.
- Target: Victims can be individuals, the general public, or state institutions.
- Intent: The primary goal is usually to harm life and limb or valuable property, often for political or ideological reasons.
The distinction from less serious offenses, such as attempted bodily harm, is made based on the danger and the targeted nature of the act (e.g., causing fear and terror among the public).
2.3 Anschlag and terrorism
In anti-terrorism law, “Anschlag” is significant as a synonym for a targeted, usually spectacular act of violence. National and international criminal and regulatory law use the term particularly in relation to
- terrorist attacks
- bombings
- attacks on critical infrastructure
Legislation here provides for harsher penalties and special investigative methods (e.g., Sections 129a, 129b StGB).
3. Anschlag in administrative and public law
3.1 Public announcement by Anschlag
In administrative and public law, the term Anschlag often denotes a special form of public announcement. This mainly concerns the following cases:
- Building law: Building projects must, in many cases, be announced ‘by notice posted in the usual manner,’ for example, by posting at public locations (see Section 10 BauGB).
- Administrative enforcement law: Service of administrative acts can take place ‘by posting at the town hall’ or on special notice boards if recipients cannot be reached by mail (Section 10 VwZG).
- Electoral law: Public display of election announcements or voter lists also takes place by posting or notice at public locations.
3.2 Legal requirements and formal provisions
Numerous requirements apply to valid publication by Anschlag as a form of announcement:
- Formal provision: The announcement must be clear, visible, and accessible to everyone.
- Location and duration: Statutorily or municipally designated places and periods must be observed.
- Documentation: In many cases, a record or documentation of the publication is required.
A valid Anschlag can trigger deadlines or legal consequences, for example, when contesting administrative acts.
4. Anschlag in civil law and contract law
4.1 Historical and modern application
In civil law, the Anschlag once played an essential role as a form of public summons, such as court summonses posted on court notice boards. Today, this practice has largely been replaced by other forms of service, though it is still used in exceptional cases.
4.2 Other civil law meanings
Classical terms such as ‘notice’ in tenancy situations or in providing information to condominium owners about community matters use ‘Anschlag’ as a synonym for publicly accessible information.
5. Anschlag in regulatory and police law
5.1 Preventive measures
Police and regulatory authorities often refer to an order, warning, or announcement posted on public streets as an “Anschlag.” This can include warnings, closures, bans, or general orders.
5.2 Legal effects and enforcement
An Anschlag within the meaning of police and public order law becomes legally effective as soon as it is posted at the designated location and is visible. Restrictions or bans can thus take immediate effect.
6. Conceptual distinction and related legal terms
In conclusion, it is advisable to distinguish ‘Anschlag’ from similar legal concepts:
- Affichierung: Synonymous, especially in French law, for public postings.
- Notice: Often used identically in practice, but usually refers to informational content.
- Publication: Umbrella term for various forms of publication (Anschlag, newspaper announcement, electronic notice).
7. Summary – Anschlag as a legal term
Depending on the context, the term ‘Anschlag’ in German law denotes a (usually) public, visibly posted form of announcement, a threat situation in criminal law, or a targeted act of violence (e.g., under anti-terrorism law). The Anschlag has legal significance as a trigger for publication deadlines, as a child law term in traffic and construction, and as a key concept in prosecuting serious offenses. The precise interpretation varies depending on the area of law concerned.
The legal classification of an Anschlag therefore always requires examination of its context and the relevant legal provisions. Understanding the term is essential for the lawful application and interpretation of the pertinent regulation.
Frequently asked questions
What legal consequences can result from an Anschlag?
An Anschlag is regularly considered a serious criminal offense in the legal context. In Germany, depending on the nature and execution, an Anschlag may fall under various criminal offenses such as murder (Section 211 StGB), manslaughter (Section 212 StGB), intentional bodily harm (Sections 223 ff. StGB), causing an explosion (Section 308 StGB), or endangering public peace (Section 126 StGB). The applicable laws may also include statutes relating to terrorist organizations (Section 129a StGB), depending on the objective (e.g., politically motivated offense). Penalties can range from several years’ imprisonment up to life imprisonment. Additional consequences may include professional bans, confiscation of instruments used in the crime, or revocation of weapons permits. Further, under international law, especially within the framework of international cooperation (e.g., European Arrest Warrant, Interpol notices), the enforcement of laws is significantly intensified.
To what extent can an Anschlag be classified as terrorism?
An Anschlag is classified as terrorism in law when it serves to intimidate the population through acts of violence, to coerce public authorities, or to pursue political, religious, or ideological aims (Section 129a StGB and Section 1(1) Anti-Terrorism Act). This classification has considerable impact on criminal proceedings, particularly through enhanced investigative powers for law enforcement agencies such as telecommunications surveillance, request of telecommunications data, or residential searches. Furthermore, terrorist offenses are prosecuted with particular severity, and reductions in sentences for minor offenses are generally excluded; international investigations and prosecution measures can also be initiated.
What role does the preparation of an Anschlag play in criminal law?
The planning and preparation of an Anschlag is punishable in many countries, including Germany. Preparatory acts are covered by the Criminal Code, for example, under Section 30 StGB (preparation of murder or manslaughter) or Section 89a StGB (preparation of a serious act of violence endangering the state). This ensures that criminals are not exempt from punishment merely because they did not carry out the act. Simply possessing or acquiring materials (e.g., explosives, firearms, certain chemicals) or contacting accomplices can be sufficient for criminal prosecution, provided that sufficiently concrete evidence of preparation is shown.
Can accomplices and supporters also be held criminally liable?
Yes, criminal law also provides for severe penalties for accomplices, instigators, and supporters of an Anschlag (Sections 26, 27 StGB). Even if they are not directly involved in the execution, they are responsible for their contributions to planning, preparation, or execution. In addition, in the context of terrorist offenses, there is the offense of supporting a terrorist organization (Section 129a(5) StGB), which penalizes the provision of money, information, escape vehicles, or accommodation. The penalty depends on the extent of involvement and knowledge of the planned Anschlag.
What is the procedure for criminal investigation and trial in cases of Anschlag?
If an Anschlag is suspected, the central investigative units of the police, state security, and the public prosecutor’s office are regularly involved. The Attorney General often takes over the prosecution, especially for terrorist offenses. The investigation uses extensive powers such as telecommunications surveillance, major surveillance operations, house searches, and pretrial detention. Proceedings are heard in special state security chambers set up for this purpose. During the trial, both prosecution and defense have extensive rights; at the same time, public interest is usually high, which requires a particularly careful process.
What special rights do victims of an Anschlag have?
Victims of an Anschlag have a special legal status during criminal proceedings. In addition to their role as witnesses, they may join as private accessory prosecutors (Section 395 StPO), allowing them to actively participate in the proceedings, make motions, and file appeals. The Victims’ Compensation Act (OEG) provides financial claims against the state, for example, for medical treatment or compensation for damages. Witness protection programs offer special protection to those at risk; these may include anonymity during proceedings or police protective measures. Victims of the most serious crimes also have access to psychosocial support during the process.
Are there legal options for preventing and prosecuting Anschläge in advance?
Various legal instruments are used to prevent Anschläge: On the one hand, preventive police measures—such as warnings to potential threats, restrictions on residence or contact, or surveillance of dangerous persons—enable intervention before a crime occurs. Assembly law (Sections 14 ff. VersG) allows for restrictions if there is reasonable suspicion. In criminal law, provisions governing the preparation of serious crimes are particularly important, as are weapons and explosives laws, which set strict limits on possession, acquisition, or trade. Internationally, there are also agreements for the cooperation of security agencies, for example within Europol or Interpol, to ensure early coordination and sharing of information.
