Chapter XIX: Section I: Extent of the Application of Criminal Law

Articles 3 through 5, 8 and 37 of the Reich Penal Code will be replaced by the following regulations:

Article 3

German criminal law will be applied to the crime of a German national, no matter whether it is committed in Germany or abroad.

For a crime committed abroad, which according to the laws of the place of commitment is not punishable, German criminal law will not be applied, if such an act according to the sound sentiment of the German people--on account of the particular conditions prevailing at the place of commitment--is not considered to be deserving punishment.

An act shall be deemed to have been committed in any place where the perpetrator has acted, or, in case the act consists in an omission, where he ought to have acted, or where the results of the act came about or were intended to come about.

Article 4

German criminal law will be applied also in case of acts committed by a foreigner in Germany.

German criminal law will be applied to a crime committed by a foreigner abroad, if it is punishable according to the penal code of the territory where it is committed, or if such territory is not subject to any punitive authority [Strafgewalt] and if--

1. The perpetrator obtained German nationality after the act, or

2. The act is directed against the German people or a German
national, or

3. The perpetrator is apprehended in Germany and is not
extradited, although the nature of his act would permit
extradition.

German criminal law will be applied to the following acts committed by a foreigner abroad, independently of the laws of the place of commitment:

1. Acts committed while holding a German government office, as
a German soldier, or as member of the Reich Labor Service, or
committed against a holder of an office of the German State or
the Party, against a German soldier, or a member of the Reich
Labor Service, while on duty, or relating to his duty;

2. Acts constituting treason or high treason against the German
Reich;

3. Crimes committed with explosives;

4. Traffic in children and women;

5. Disclosure of a manufacturing or commercial secret of a
German enterprise;

6. Perjury committed in the course of proceedings of a German
court or some other German agency authorized to take oaths;

7. Crimes and offenses of counterfeiting;

8. Unauthorized sale of narcotics;

9. Trade with pornographic publications.

Article 5

German criminal law will be applied, independently of the laws of the place of commitment, to crimes committed on a German vessel or a German airplane.