Nationale Strafbarkeit für Falschaussagen vor internationalen Gerichten nach § 162 Abs. 1 StGB

Section 162 (1) of the Penal Code extends the scope of protection of the testimony delicts for the first time explicitly to the administration of justice before international courts, which have been established by an act binding on the Federal Republic of Germany. The need for implementation with regard to the testimony delicts was derived from Article 70 IV a i.V.m. I a of the Rome Statute of the International Criminal Court. Accordingly, each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article - in this case false testimony -, committed on its territory, or by one of its nationals. The German legislature, however, has far exceeded the limits of the provisions of the ICC Statute by extending the scope of criminal law protection to all forms of false testimony before all international courts.