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

Nature of declaration : Reservations
Status as of 20/10/2017

Germany

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

The Federal Republic of Germany declares that it avails itself of Article 42 of the Convention to the extent that

(a) Article 6, paragraph 1.a.i, as relates to “devices”, and sub-paragraph b shall not be applied,
(b) the attempt to commit the acts specified under Article 3 shall not be established as criminal offence under national law, and
(c) requests for expedited preservation of stored data under Article 29 may be refused on the ground that dual criminality is not given, provided there is reason to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled, unless the offence in question is an offence established pursuant to Articles 2 to 11.
Period covered: 01/07/2009 -
Articles concerned : 42


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