Term and Definition: Formation of Armed Groups
The formation of armed groups, in legal terms, refers to the organized coming together of several people with the aim of forming a group whose members are equipped with weapons in order to commit criminal acts or otherwise endanger public safety. The term is particularly known from criminal and constitutional law and refers to both planned and actually realized associations.
Nature and Distinction
An armed group differs from other associations by the presence of weapons, its structural organization, and a common purpose directed towards the application or threat of violence. The distinction from peaceful clubs, demonstrations, or interest groups is primarily determined by the purpose (criminal act, overthrow, disturbance of public order) as well as armament and coordination.
Historical and Societal Context
The legal discussion about the formation of armed groups is historically closely linked to experiences of uprisings, coup attempts, and terrorist activities. The regulations serve to protect the state and its population from collective acts of violence. Socially, the topic has become more significant through organized crime, terrorism, and so-called paramilitary groups in the context of political conflicts.
Legal Framework in Germany
Criminal Law Provisions
Section 127 German Criminal Code (StGB) – Formation of Armed Groups
Under the German Criminal Code (StGB), the formation of armed groups is expressly punishable. Section 127 StGB states:“Anyone who forms an armed group or participates in such a group as a member shall be punished with imprisonment from one year to ten years. An armed group is an association of several persons who have armed themselves for the commission of criminal offenses.”Key Elements of the Offense Are:
- Group: Several individuals (at least three), whether loose or formal association, so no fixed organizational structure is required.
- Armament: Carrying weapons or dangerous tools to use them if necessary in pursuit of group-related objectives.
- Purpose: Joint preparation or commission of criminal acts through the use of weapons.
Attempt and Preparation
Not only the actual establishment or participation, but already preparatory acts or the attempt to form such a group may be punishable. The law thus addresses potential criminal behavior at a very early stage.
Distinction from Other Offenses
Formation of Criminal/Terrorist Organizations (Sections 129, 129a StGB)
While Section 127 StGB specifically focuses on the arming of the group, Sections 129 (criminal organization) and 129a (terrorist organization) StGB generally cover the association of several persons for the purpose of committing crimes. The formation of armed groups overlaps with these provisions but constitutes an aggravated form when weapons are involved.
Weapons Law Provisions
Supplementary weapons law provisions under the Weapons Act (WaffG) apply. The unauthorized carrying, transfer, and acquisition of weapons by groups can constitute independent criminal offenses.
Constitutional Foundations
Protection of Public Safety and Order
The formation of armed groups generally violates the constitutionally protected interest of public safety and order (Article 20(2) Basic Law). While the Basic Law grants the rights of freedom of assembly (Art. 8 Basic Law) and freedom of association (Art. 9 Basic Law), they end where associations are aimed at committing crimes and pose a risk to the community.
Ban on Associations under Article 9(2) Basic Law
Associations whose purposes or activities violate criminal laws or are directed against the constitutional order can be banned in accordance with Article 9(2) Basic Law. This applies especially to armed groups.
International Legal Situation
International Law and Agreements
At the international level, armed groups are addressed especially in connection with counter-terrorism and violent conflicts. International agreements, such as the United Nations’ anti-terrorism conventions or the European Convention on the Suppression of Terrorism, oblige member states to criminally sanction the formation of armed groups.
Examples of Regulations in Other Countries
Many European and non-European legal systems have similar offenses concerning the formation of armed groups. In the United States, for example, corresponding provisions are found in anti-terrorism laws and with regard to paramilitary activities.
Penalties and Legal Consequences
Threat of Punishment
The penalty for forming armed groups under German law is severe: the minimum penalty is one year of imprisonment, the maximum is ten years. Particularly serious cases, such as preparing especially serious violent acts or terrorist purposes, can be punished with even higher sentences.
Further Consequences
In addition to imprisonment, members and supporters also face confiscation of weapons, search measures, bans on associations, expulsion (in the case of foreign participants), bans on participating in assemblies, and entries in the police clearance certificate.
Practical Examples and Application in Case Law
Case law contains numerous examples where the formation of armed groups was the subject of investigations and court proceedings, such as in connection with militant demonstrations, politically motivated groups, or organizations in the field of organized crime. The courts examine the group’s size, the degree of armament, and its objectives to determine whether the criminal offense has been met.
Summary
The formation of armed groups is a central criminal offense for the protection of public safety. Assessment is based on group structure, armament, objective, and effects on the community. In addition to national criminal and constitutional provisions, international regulations also exist for the prevention and combating of such group formations. The comprehensive regulatory regime reflects the considerable threat posed by armed collectives to the state and society.
Frequently Asked Questions
Who is legally authorized to form armed groups?
Under German law, the formation of armed groups is generally not permitted. According to Section 127 of the Criminal Code (StGB), everyone is prohibited from forming or participating in an armed group or association without state authorization. The right to form armed forces is reserved for the state, specifically for officially recognized institutions such as the armed forces, the police, or other security authorities. Exceptions exist only for private security companies, but these are subject to strict legal requirements and must not exhibit paramilitary structures or possess weapons of war. The establishment of private militias or armed citizen patrols is prohibited under German law and is prosecuted criminally.
What legal limits and prohibitions exist regarding the organization of armed groups?
The main legal limit for the organization of armed groups arises from Section 129a StGB (formation of terrorist organizations), Section 128 StGB (formation of armed groups), as well as the Weapons Act (WaffG) and the Law on Associations (VereinsG). Any association whose purpose or activity is to employ or threaten violence with weapons or other dangerous tools is prohibited under these provisions. Even cleaning, transferring, acquiring, or brokering weapons for a group can fulfill the offense. The Law on Associations also allows for such associations to be banned, their assets to be confiscated, and special investigative powers to be granted. These regulations serve to protect public safety and order and to prevent the emergence of private, armed power structures alongside the state.
How is the term ‘armed group’ defined in the legal context?
In legal terms, an ‘armed group’ is understood as a long-term organization of at least three people who have joined together to commit unlawful acts in which weapons are to be used. The term encompasses both conventional firearms and other dangerous tools if these are suitable and intended for the use of violence. It is decisive not whether the weapons have already been acquired, but whether it is the group’s purpose to acquire or use such weapons. Even loose associations that are not formally organized can fulfill the offense if the armed purpose is paramount.
What role does the law on associations play in judging armed groups?
The law on associations, in particular Section 3 VereinsG, prohibits associations whose purposes or activities violate criminal laws or are directed against the constitutional order. An association that acts as an armed group can be declared illegal and dissolved in accordance with Sections 129, 129a StGB and Section 3 VereinsG. The ban on associations can be imposed by interior ministries at federal or state level, leading to the seizure and confiscation of group property. Operation, support, or promotion of such associations is also punishable (Section 20 VereinsG). This ensures that no organization with an armed structure can legally operate in Germany.
What are the criminal consequences for founding or participating in armed groups?
Under German law, founding, leading, or being a member of armed groups can be punished with severe penalties. Under Section 128 StGB, prison sentences of up to five years can be imposed, and in particularly serious cases up to ten years (Section 129a StGB for terrorist objectives). Furthermore, providing support, procuring weapons, and logistical or financial aid can also be punishable. In politically or terrorist-motivated cases, stricter sentencing usually applies, and pre-trial detention is often ordered early. Criminal law also provides for measures such as telecommunications surveillance, searches of residences, and asset forfeiture.
Are armed groups subject to special surveillance and investigation measures?
Yes, armed groups are subject to increased surveillance by security authorities. The Office for the Protection of the Constitution and the police may employ extended investigative and surveillance measures if there is suspicion of formation or support of such groups. These include observation, use of informants, telephone and internet surveillance, as well as bugging premises in accordance with the Code of Criminal Procedure and the G-10 Act. The aim of these measures is early identification and prevention of dangers posed by such groups, as well as the collection of evidence for future criminal proceedings.
