Übersetzung für "Strafbare Tat " (Deutsch → Englisch) :

AA. whereas the principle of dual criminality is accepted in almost all international agreements; whereas, as these make clear, it should be understood in a broad sense: not only as 'double criminalisation' (an act which in abstract terms is described as a breach of criminal law by the legislation of the requesting state and the state receiving the request) but also as an act which is punishable in concrete terms (an act whose author is not in a situation which rules out punishment),

a. Offences which would incur a fine or custodial sentence of a maximum of three years are not considered punishable [197] if a) the offence is deemed to be very minor b) the offence had no negative consequences or negligible negative consequences, or if the author of the offence made reparation for the consequences of his act or genuinely tried to do so, and c) there is no need to impose a sentence as a deterrent. [198]

[197] 97 "so ist die Tat nicht strafbar, wenn".

[77] 7 Grounds for refusal: (a) where enforcement would run counter to the fundamental principles of the legal system of the requested State; (b) where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one; (c) where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion; (d) where enforcement would be contrary to the international undertakings of the requested State; (e) where the act is already the subject of proceed ...[+++]ings in the requested State or where the requested State decides to institute proceedings in respect of the act; (f) where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act; (g) where the act was committed outside the territory of the requesting State; (h) where the requested State is unable to enforce the sentence; (i) where the request is grounded on Article 5.e ("if it considers that it cannot itself enforce the sanction, even by having recourse to extradition, and that the other State can") and none of the other conditions mentioned in that article is fulfilled; (j) where the requested State considers that the requesting State is itself able to enforce the sentence; (k) where the age of the sentenced person at the time of the offence was such that he could not have been prosecuted in the requested State; (l) where under the law of the requested State the sentence imposed can no longer be enforced because of the lapse of time; (m) where and to the extent that the sentence imposes a disqualification.

Although participation in an action or an attempted action is referred to in connection with the penalties to be imposed (Article 3(3), introductory sentence), there is no provision in Article 2 stipulating that the attempt to participate in an offence - as distinct from participation itself (Article 2(m)) - should also be in principle subject to criminal penalty.

a. Offences which would incur a fine or custodial sentence of a maximum of three years are not considered punishable [197] if a) the offence is deemed to be very minor b) the offence had no negative consequences or negligible negative consequences, or if the author of the offence made reparation for the consequences of his act or genuinely tried to do so, and c) there is no need to impose a sentence as a deterrent. [198]