Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 21/08/2017

Germany

Declaration contained in a Note verbale from the Permanent Representation of Germany deposited with the instrument of ratification, on 9 March 2009 – Or. Engl.

In accordance with Article 40 of the Convention, the Federal Republic of Germany declares that it avails itself of the possibility of requiring that,

(a) according to Article 2, second sentence, the additional element of commission by infringing security measures be included as an element of the offence of data espionage, which has been established under German law in section 202a of the Criminal Code pursuant to Article 2, first sentence, and

(b) according to Article 7, second sentence, the additional element of an “intent to defraud, or similar dishonest intent” that takes the form of deception in legal transactions be included as an element of the offence of falsification of legally relevant data, which has been established under German law in section 269 of the Criminal Code pursuant to Article 7, first sentence.
Period covered: 01/07/2009 -
Articles concerned : 2, 40, 7


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.