Explosives and Radiation Crimes
Term and General Definition
Explosives and radiation crimes are among the most serious offenses against public safety and order, characterized by the use of dangerous substances and their significant potential to endanger life, health, and property. They include offenses in which explosives, explosive materials, radioactive materials, or ionizing radiation are used abusively or illegally. Legal bases, specific elements of the offense, and penalties are defined both in German criminal law as well as in international regulations for the prevention and prosecution of such crimes.
Legal Foundations of Explosives Crimes
Relevant Laws and Legal Sources
The main legal sources include, in particular, the Criminal Code (StGB), the Explosives Act (SprengG), the Weapons of War Control Act (KWKG), as well as relevant regulations and international agreements. Central criminal law provisions regarding explosives offenses are found in §§ 308 to 310 StGB:
- § 308 StGB – Causing an Explosion with Explosives: Among other things, the intentional causing of an explosion that can endanger the life or physical integrity of another person, or property of significant value, is punishable.
- § 309 StGB – Misuse of Explosive Substances: Concerns the improper handling of explosive materials.
- § 310 StGB – Preparation of Explosives Crimes Using Explosives: Particularly punishable are the manufacturing, acquisition, supplying, or transferring of explosives in order to prepare an explosives attack.
- Explosives Act (SprengG): Regulates the conditions for the handling and trade of explosive materials and includes prohibitions and permit requirements punishable by criminal or administrative fines.
Elements of the Offense
The most important elements of the offense are:
- Intent or Gross Negligence: The perpetrator must have acted knowingly and willingly, or with conditional intent.
- Endangerment of Life, Health, or Significant Property: Even the concrete risk is deemed sufficient by criminal law; actual harm does not necessarily have to occur.
- Own and Third-party Explosives: Whether the substances are officially produced or illegally traded is of secondary importance for criminal liability.
Range of Penalties and Sanctions
The penalties vary depending on the severity of the offense and the resulting danger. For particularly serious cases of explosives crimes, imprisonment for up to 15 years or life is possible. In less serious cases, penalties may start at six months. The law also allows for extended forfeiture and confiscation, particularly of the dangerous substances used.
Legal Aspects of Radiation Crimes
Legal Sources and Distinction from Explosives Offenses
Radiation crimes are mainly governed by § 311 StGB in the Criminal Code and, additionally, by the Atomic Energy Act (AtG). They involve offenses in which ionizing, radioactive, or other health-endangering radiations are used intentionally or negligently.
- § 311 StGB – Causing an Explosion by Nuclear Energy/Radiation: Offenses include, among others, causing an explosion by nuclear energy or releasing ionizing radiation, if this endangers the life, health, or property of others.
- Atomic Energy Act (AtG): Regulates the handling, transport, storage, and disposal of radioactive materials, as well as requirements for permits and licenses.
- Radiation Protection Act (StrlSchG): Regulates the protection of people and the environment from the harmful effects of ionizing radiation.
Offenses and Offender Behavior
The main punishable actions in connection with radiation crimes are:
- Intentional or Negligent Release of Radioactive Materials: Deliberate action involving radioactive substances on people, animals, or property through their release, storage, transport, or handling.
- Unauthorized Handling and Illegal Trade: Handling, possession or trade in radioactive substances without the legally required permit.
- Sabotage and Terrorism: Abusive use for the purpose of terrorist acts or targeted endangerment of public safety.
Range of Penalties and Sanctions
The punishment for radiation crimes is determined by the severity of the offense:
- Imprisonment: Depending on the circumstances, the law provides for imprisonment of up to 15 years, and in particularly serious cases, even life imprisonment.
- Preventive Detention and Professional Disqualification: Possible consequences in addition to imprisonment can also include preventive detention or professional disqualification.
Special Forms and Distinctions
Relation to Terrorism, Sabotage, and War Crimes
Explosives and radiation crimes partly overlap with other serious offenses, such as in the context of international terrorism or sabotage of critical infrastructure. In the law of war, acts that use explosives or radiant weapons for the purpose of mass destruction fall under international criminal law. In such cases, additional criminal law provisions and international agreements apply.
Attempt, Preparation, and Joint Perpetration
Significant aspects also lie in the areas of preparation, attempt, and participation:
- Preparatory Acts: Preparation alone, such as the manufacture, acquisition, or provision of dangerous substances, is punishable.
- Attempt and Completion: The attempt of an explosives or radiation crime is punishable—regardless of any actual damage caused.
- Forms of Participation: Perpetration, incitement, and aiding and abetting are equally subject to comprehensive sanctions.
Preventive and Repressive Measures
Technical Safety and Police Measures
There are extensive regulations for the prevention and investigation of these crimes, including:
- Permit Requirements and Monitoring: Strict government permit procedures for the manufacture, acquisition, and possession of explosives and radioactive substances.
- Identity and Reliability Checks: Monitoring of persons and companies handling dangerous substances.
- Police Measures and Surveillance: Enabling preventive measures, such as searches, seizures, and surveillance.
International Cooperation
Given the cross-border threat, international cooperation is a key aspect. Institutions such as the International Atomic Energy Agency (IAEA), INTERPOL, and Europol support the monitoring, prosecution, and prevention of such offenses. Agreements such as the International Convention on Nuclear Material Protection (NPT, CWC) complement national regulations.
Procedural Special Features
Evidence and Investigation Procedures
Crimes involving explosives or radioactive backgrounds are characterized by special requirements for securing evidence and investigation procedures, since in addition to forensic analyses, radiological and chemical expert opinions play a significant role. Close cooperation between the police, public prosecutor’s office, technical supervisory bodies, and international authorities is of central importance.
Summary
Explosive and radiation crimes are among the most serious endangerment offenses under German and international criminal law. They are subject to the strictest legal regulations, encompass extensive penalty ranges, and are accompanied by preventive and repressive measures to protect both the public and individuals from significant harm to their life, health, and the environment. Due to their relevance for public safety and high potential for damage, their prosecution often takes place to a particular extent through international cooperation and specialized investigative authorities.
Frequently Asked Questions
What are the criminal consequences for unauthorized handling of explosive substances?
Unauthorized handling of explosive substances is punishable in Germany under the Explosives Act (SprengG) and additionally under the Criminal Code (StGB). According to § 40 SprengG, anyone who, without the required permit, manufactures, processes, handles, acquires, stores, uses, transports, destroys, or trades in explosives is liable to prosecution. The act may be punished by imprisonment of up to five years or a fine. In particularly serious cases—for example, if the act endangers the life or health of another person—the sentence can be significantly higher. Such an act can also be prosecuted under § 308 or § 310 StGB (causing an explosives explosion or preparing an explosive crime), which, in the most extreme cases, can even result in imprisonment of at least one year up to life. In addition to the main penalty, further measures such as confiscation of the materials or professional consequences are often imposed.
What is the particular significance of the term “danger” in relation to radiation crimes?
The concept of “danger” plays a central role in connection with radiation crimes, particularly in the assessment of legal violations under the Criminal Code (§ 309 StGB, causing an explosion by nuclear energy) and the Radiation Protection Act (StrlSchG). The main factor here is the actual or intended release of radioactive substances or ionizing radiation in a way that can pose a specific danger to life, health, or significant property. Not only actual damage but already the creation of a risk or danger situation is punishable, regardless of whether physical harm actually occurs. The legal classification depends on the degree of risk—if an abstract danger to the public or a specific danger to individuals has been created, even the attempt may be punishable.
How do attempt and completion differ legally in explosives and radiation crimes?
From a legal perspective, both the attempt and completion of explosives and radiation crimes are punishable, with the distinction having significant implications for the sentence. The attempt begins as soon as the perpetrator, according to his conception, directly begins to realize the offense (§ 22 StGB). For particularly dangerous offenses such as explosives offenses (§ 308 StGB) and radiation crimes (§ 309 StGB), attempt liability is expressly regulated, and the legislature recognizes an increased degree of wrongdoing and culpability in the attempt stage due to the particular risk. Completion is when all elements of the offense are fulfilled, for example, when an explosion is actually caused or dangerous radiation is released. The penalty for the attempt can be mitigated, but for particularly dangerous offenses, it is often close to the maximum penalty.
What role does intent or negligence play in the criminal liability for explosives and radiation crimes?
For criminal liability for explosives and radiation crimes, intent is usually required, meaning that the perpetrator must have acted knowingly and willingly. In addition to direct intent, the Criminal Code also covers conditional intent—it is sufficient if the perpetrator considers the result of his action possible and accepts it. In some offenses, particularly under the Explosives Act (SprengG) and the Radiation Protection Act (StrlSchG), negligent actions are also punishable, i.e., when the perpetrator disregards the required care, thereby causing a danger. The distinction is made according to the specific wording of the law; especially § 309 StGB (radiation crimes) and § 308 StGB (explosives crimes) provide for liability for both intentional and negligent acts, with penalties for negligence generally being lower.
What special regulations apply to prosecution and criminal proceedings in radiation crimes?
The prosecution and criminal proceedings for radiation crimes are partly governed by special regulations, as these often involve particularly dangerous and socially significant offenses. Investigations are usually conducted by specialized police and public prosecutor units, often involving technical experts from the Federal Office for Radiation Protection or the Federal Criminal Police Office. Special regulations also apply to the securing and analysis of evidence, particularly with regard to the storage or destruction of radioactive evidence in accordance with radiation protection law. The criminal proceedings themselves can be conducted in camera to maintain confidentiality or to ensure public safety. In addition, preventive measures can be taken, such as the seizure of assets or the imposition of protective measures for potentially endangered persons.
In which cases does liability under international criminal law arise?
Explosives and radiation crimes may also be relevant under international criminal law, for example when international treaties, such as the Convention for the Suppression of Terrorist Bombings or the Convention on Nuclear Terrorism, are involved. If the perpetrator leaves the country or the offenses are committed across borders, German criminal law may apply on the basis of the principle of universal jurisdiction (§ 6 No. 9 StGB) and international agreements, where the offense is likely to endanger international security interests. In such cases, international criminal courts or extradition procedures may also be involved, with cooperation between judicial authorities governed by international standards.
