The Banning of Anti-Personnel Landmines: The Legal Contribution of the International Committee of the Red Cross

By Louis Maresca; Stuart Maslen | Go to book overview

Penalty
§ 5. Whoever takes, and be it negligently only, to contravene the prohibition laid down in § 2 of this Federal Law shall, if the offense is not subject to a more severe sanction under other Federal Laws, be sentenced to imprisonment for up to two years or a fine equivalent to up to 360 per diem rates.
Confiscation and forfeiture
§ 6.
1. Anti-personnel mines or anti-detection devices and components there of which are object to an act punishable under § 5 shall confiscated by the court.
2. Machines and facilities for the manufacture of items subject to the prohibition laid down in § 2 may be forfeited by the court. It shall be secured at the owner's expense that they are no longer in a state to be used in contravention of the prohibition laid down in § 2.
3. Means used to transport items subject to the prohibition laid down in §2 may be forfeited by the court.
4. Items under forfeiture according to paras. 2 and 3 shall become property of the public authority. Items confiscated under para. 1 shall became property of the public authority and must be handed over to the Federal Ministry of the Interior for destruction in accordance with § 4.

Execution
§ 7. Entrusted with the execution of this Federal Law are:
1. With reference to § 3 para. 1 the Federal Minister of the Interior and the Federal Minister of Defence,
2. with reference to §§ 5 and 6 the Federal Minister of Justice and
3. with reference to the other provisions the Federal Minister of the Interior.

Entry into force

§ 8. This Federal Law shall enter into force on 1 January 1997.


Annex 2
National legislation
List of States

Below is a list of States which have passed legislation enacting comprehensive prohibitions on anti-personnel mines into their national law and which have sent

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