Concept and Definition of Nuclear Crime
The term nuclear crime refers to all unlawful acts directed against or concerning the safe use, storage, transport, handling, manufacturing, processing, and management of nuclear materials and radioactive substances. This term particularly covers criminal offenses involving the misuse, theft, illegal trade, proliferation, or use of nuclear fuels or radioactive materials in ways that endanger life, health, or the environment. The legal assessment of these acts encompasses both national and international law, with the aim of preventing and sanctioning dangers arising from unauthorized actions involving nuclear materials.
Legal Framework of Nuclear Crime
National Law
Criminal Code (StGB, Germany)
Sections 307 to 309 StGB play a central role in Germany. Among other things, causing an explosion by nuclear energy is treated as an especially serious crime. The regulations include:
- Section 307 StGB: Causing an explosion by nuclear energy; threatens the perpetrator with a severe prison sentence if an explosion endangering people is caused by nuclear energy.
- Section 308 StGB: Unauthorized handling of radioactive substances and other dangerous substances and goods; covers negligent handling.
- Section 309 StGB: Endangerment by the release of ionizing radiation; targets actions concerning the dissemination or negligent release of radioactive substances.
In addition, the handling of radioactive materials and nuclear fuels is governed by the Radiation Protection Act (StrlSchG) and the Atomic Energy Act (AtG) . Both laws contain provisions regarding licensing requirements, monitoring, reporting obligations, and protection against harmful effects of ionizing radiation.
Atomic Energy Act (AtG)
The Atomic Energy Act forms the legal basis for the peaceful use of nuclear energy and also regulates administrative offenses and crimes related to the handling of nuclear fuels and radioactive materials (Sections 43-46 AtG). These include, for example, violations of licensing requirements, unauthorized use, or disregard of safety regulations.
Radiation Protection Act (StrlSchG)
This law serves to protect humans and the environment from the dangers of ionizing radiation. It regulates, for example, responsibilities for radiation protection and the prosecution of legal violations associated with radioactive substances and devices.
International Law
Convention on the Physical Protection of Nuclear Material
This convention by the International Atomic Energy Agency (IAEA) obliges contracting states to secure nuclear materials and facilities and provides for criminal sanctions in cases of violations, especially regarding theft, embezzlement, and sabotage of nuclear materials.
Nuclear Terrorism Convention
The International Convention for the Suppression of Acts of Nuclear Terrorism (2005) obliges the contracting states to punish and prosecute certain crimes related to the misuse of radioactive materials, nuclear facilities, and nuclear materials.
EU Dual-Use Regulation
Regulation (EU) 2021/821 (Dual-Use Regulation) governs the control of exports, transfers, brokering, and transit of dual-use items, including nuclear technology. Violations constitute serious administrative offenses or criminal acts.
Manifestations of Nuclear Crime
Theft and Illegal Trade of Nuclear Materials
The unlawful appropriation and sale of radioactive substances or devices is a central offense in nuclear crime. Illegal acquisition may serve to prepare attacks, extortion, or further proliferation to third countries.
Sabotage and Terrorist Acts
Sabotage against nuclear power plants or storage facilities for radioactive material, as well as threats or implementation of terrorist acts using radioactive substances (so-called “dirty bombs”), constitute serious crimes in the context of nuclear crime.
Unauthorized Import, Export, and Transit
Violations of import, export, and transit regulations regarding the movement of nuclear or radioactive materials are also classified as nuclear crime, as such actions contravene international security interests and pose significant risks.
Administrative Offenses in the Handling of Nuclear Material
In addition to serious crimes, administrative offenses related to nuclear materials are also prosecuted, such as violations of reporting and documentation obligations, inadequate radiation protection, or improper storage.
Sentencing and Legal Consequences
Criminal offenses in the area of nuclear crime are generally punished with prison sentences, fines, and/or professional bans. In particularly serious cases that involve actual endangerment of the lives or health of a large number of people or significant damage to the environment or property, long prison sentences up to life imprisonment are also possible. Furthermore, measures such as confiscation, destruction of seized substances, business prohibitions, as well as international legal assistance and extradition apply.
Prevention and International Cooperation
At the national level, there are numerous measures for the control and supervision of the handling of nuclear facilities, nuclear materials, and radioactive substances. These include supervisory authorities, security concepts, complete documentation, and regular inspection of storage sites, transports, and personnel.
Internationally, great importance is attached to cooperation to protect against nuclear crime. Through the International Atomic Energy Agency, Interpol, Europol, and other institutions, information is exchanged, joint investigative and preventive approaches are pursued, and the international trade in sensitive materials is monitored.
Special Cases and Adjacent Legal Areas
Regulations, Directives, and Special Provisions
In addition to the mentioned laws and conventions, administrative regulations, ministerial decrees, and technical standards (such as DIN, ISO) must also be observed in the area of nuclear crime, which regulate the handling of radioactive material.
Relation to Other Criminal Offenses
In practice, nuclear crime often overlaps with other criminal offenses such as environmental crime, terrorism, offenses against state security, smuggling, espionage, and offenses endangering public order.
Summary
Nuclear crime refers to all violations of national and international rules regarding the handling of nuclear materials and radioactive substances, ranging from theft and illegal trade to acts of terrorism. The legal foundations are diverse and include the Criminal Code, Atomic Energy Act, Radiation Protection Act, and international conventions. Offenses are consistently prosecuted at both national and international levels, with preventive measures and international cooperation playing a central role. The aim of the comprehensive regulations is to eliminate risks to people, the environment, and international security and, consequently, to effectively prevent and punish nuclear criminal acts.
Frequently Asked Questions
What criminal offenses are included in nuclear crime under German law?
In a legal context, nuclear crime encompasses a variety of offenses relating to the unauthorized handling of nuclear materials, radioactive substances, and their use. The central regulations in this area are primarily found in the Criminal Code (StGB) of the Federal Republic of Germany. In particular, Section 307 StGB (causing an explosion by nuclear energy) and Section 308 StGB (causing an explosion with explosives) are relevant, if nuclear material is used for a nuclear explosive reaction. Additionally, the Atomic Energy Act (AtG) in conjunction with criminal provisions, especially Section 328 StGB (unauthorized handling of radioactive substances and other dangerous goods), sets out in detail which actions (such as unauthorized acquisition, transfer, processing, or use) are criminally relevant. Preparation for nuclear offenses, such as preparing a serious act of violence endangering the state by procuring or storing nuclear material, is also punishable. Finally, provisions relating to combatting terrorism, such as Section 89c StGB (‘terrorist offenses involving radioactive substances or nuclear fuels’), also apply. Penalties range from fines to imprisonment for several years, affecting both individuals and organizations or companies.
What role do international agreements play in prosecuting nuclear crime?
International agreements play a crucial role in the prosecution of nuclear crime, since nuclear materials and radioactive substances are often transported or traded across borders. The most significant agreement is the ‘Convention on the Physical Protection of Nuclear Material’ (CPPNM), which came into force in 1987 and is administered by the International Atomic Energy Agency (IAEA). By ratifying it, Germany committed to ensuring specific protective measures and cooperating closely with other states and international organizations. Similarly relevant is the UN Convention on the Suppression of Acts of Nuclear Terrorism from 2005. These international agreements obligate contracting states to criminalize acts such as theft, smuggling, sabotage, and misuse of nuclear material, and to extradite or prosecute offenders themselves. Within the European Union, there are also numerous directives and regulations that set minimum standards for the security and reporting requirements for nuclear material. Such agreements not only serve to harmonize the legal framework, but also ensure straightforward information exchange and joint prosecution.
How are procedures handled when there is suspicion of nuclear criminal activity?
If there is suspicion of nuclear criminal activity, the general investigative and procedural rules of the Code of Criminal Procedure (StPO) first apply. In Germany, specialized units of the police, the Federal Criminal Police Office (BKA), and public prosecutors’ offices are typically responsible; in particularly serious cases, also the Federal Prosecutor’s Office and the Office for the Protection of the Constitution. Due to the special risk situation and the fact that such offenses often involve potentially severe damage or even terrorist backgrounds, investigations are usually carried out with heightened sensitivity and by deploying special investigative powers, such as surveillance, telecommunications monitoring, or international legal assistance procedures. The securing and assessment of evidence, like finding, identifying, and securing nuclear material, is conducted strictly in accordance with technical and legal requirements to avoid endangering the public and to ensure the evidential value. International bodies (e.g., Interpol, IAEA) are also frequently involved.
What sanctioning options does German law provide in proven cases of nuclear crime?
The sanctioning options under German law for proven nuclear crime are wide-ranging. Depending on the severity and nature of the offense, penalties can range from fines—for example, in less serious violations of the Atomic Energy Act—to imprisonment of up to 15 years or even life imprisonment, especially if the act put people at actual risk of harm or death, or was committed in the context of terrorist activities (Sections 306b, 307, 89c StGB). In addition to criminal penalties, measures of rehabilitation and security are possible, such as ordering preventive detention. For administrative offenses, fines can be imposed, especially if the Atomic Energy Act or associated regulations are violated. Additional consequences may include the revocation of licenses for companies or employment bans.
To what extent can companies or legal entities also be held criminally responsible?
Under German law, only natural persons can generally be held criminally liable. However, in the context of nuclear crime, there are also extensive possibilities to impose fines on companies or other legal entities. According to the Act on Regulatory Offenses (OWiG), particularly Section 30 OWiG, significant fines can be imposed on companies if their management or employees, in the course of their duties, commit or negligently enable nuclear criminal acts. In addition, asset forfeiture can occur during proceedings, meaning unlawfully obtained profits are seized (Sections 73ff. StGB). Revocation of licenses or authorizations may also be imposed as a sanction, causing companies to lose their business authorizations in the sensitive area of nuclear technology.
What preventive measures does German law prescribe to prevent nuclear crime?
German law provides for numerous preventive measures to prevent nuclear crime, covering both technical and organizational areas. Notably, the broad safety provisions of the Atomic Energy Act and its associated regulations require detailed standards for storage, transportation, processing, and access control for nuclear materials. Licensing requirements, reliability checks of personnel, security plans, and regular official inspections are mandatory. Operators of nuclear facilities are also subject to extensive reporting obligations—any irregularity or loss of nuclear material must be reported immediately (according to the Atomic Energy Reporting Ordinance). Cooperation with the police and intelligence services is also required by law in order to detect and avert risks at an early stage.
What international cooperation possibilities exist in the fight against nuclear crime?
Various legal instruments allow for close international cooperation in the fight against nuclear crime. These include in particular bilateral mutual legal assistance treaties, European conventions, and specific cooperation mechanisms through Interpol, Europol, and the IAEA. The central regulation for international criminal prosecution is the Act on International Cooperation in Criminal Matters (IRG), which sets out the requirements for extradition, legal assistance during investigations (such as searches or witness questioning), and the exchange of evidence. There are also European exchange mechanisms such as the European Arrest Warrant, which greatly facilitates cross-border prosecution of serious crimes like nuclear crime. A key goal of such international cooperation is rapid communication in incidents and the joint prevention of transports or illegal trade in nuclear materials. Networking also facilitates the identification of internationally operating perpetrator groups.
