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» Economics » Sexualstraftat » Topics begins with P » Paragraph 175

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The paragraph 175 of the German penal code ("§ 175 StGB Germany) existed of 15. May 1871 by 11 June 1994. It placed sexual actions between persons of male sex under punishment. Until 1969 it punished also "the against-natural Unzucht with animals "(paged out starting from 1935 after paragraph 175b). Altogether about 140,000 men were condemned after the different versions paragraph 175.

1935 intensified the national socialists the paragraph 175, among other things by rise of the maximum penalty from six months to five years prison. Beyond that the facts were expanded by sleep-similar "actions on all ". The again inserted paragraph 175a intended for "difficult cases "between and ten years a penintentiary.

The GDR returned 1950 to the old version paragraph 175, paragraph 175a persisted however at the same time in a further application. Starting from end of the 50's simple under adult was not no more punished. 1968 received the GDR its own penal code, which placed homosexual actions with young people in paragraph 151 both for women and for men under punishment. 1988 were spareless painted this paragraph.

The Federal Republic recorded two decades long to the versions of the paragraphs 175 and 175a from the time of the national socialism. 1969 came it to one first, 1973 to a second reform. Since then only homosexual actions with male young people were punishable under 18 years. After a failed legislative initiative of the Greens in the 80's the paragraph 175 in the course of the adjustment of right with the former GDR only 1994 was waived.

In the vernacular gays were often called 175er. At the same time one called the 17. 5. zahlenspielerisch "the holiday of the gays ".


old-Biblical perspective is the basis paragraph 175 in the 3. Book Mose of the old person of will. There it means in verse 20.13:

"And if a man is appropriate with a man, how one lies with a woman, then both atrocities committed. They must be killed, their blood are on them. "

Continues to stand in verse 20.15-16:

"And if a man lies at cattle, it is to be absolutely killed, and the cattle are to kill you. And if a woman approaches any cattle, so that it begatte it, then is you the woman and the cattle to kill. They must be killed, their blood are on them. "

In the second half 13. Century changed itself the Analverkehr between men from a but usually completely legal action to a crime, which was occupied nearly everywhere in Europe with the death penalty (see for this: Sodomiterverfolgung).

1532 created Karl V. with the Constitutio Criminalis Carolina for this law practice a legal basis, in the holy Roman realm of German nation up to the end 18. Century validity kept. Thus it meant there in paragraph 116:

"Taut of the Vnkeusch, thus against nature beschicht. Jtem such humans with a Viehe, one with one, woman with woman Vnkeusch treibenn, habenn also live Verwurckt. Vnt one is system, the gemeynen habit after, with that feure of lebenn to death richtenn. "

In the year 1794 Prussia lowered the death penalty as the third state, to Austria and France, with the introduction of the general Landrechts to a term of imprisonment. Paragraph 143 determined:

"The against-natural Unzucht, which between persons male sex or of humans with Thieren one commits, is with from six months to four years to punish as well as with early interdiction of the practice of the civil civil rights. "

Thus Prussia was at this time still outrider and was considered as - meanwhile already soon by other countries in the development one overhauled. Thus the French code civil of 1804 placed only such actions under punishment, which intervened in the rights third, which led to the complete legalization of concerted Sexualhandlungen between men. In the context of his conquests Napoleon exported the code civil beyond that into a number of other states like for example the Netherlands. Also Bavaria oriented itself at the French model and let in its law book of 1813 all victimless criminal offences spareless fall.

In view of these developments the Prussian government showed up two years before the establishment of realm over the future their paragraphs anxiously and tried to legitimize it scientifically. The deputation for the Medizinalwesen, to which among other things the famous physicians Rudolf Virchow and Heinrich Adolf of Bardeleben belonged, for this purpose assigned by the Ministry of Justice, saw itself however in its appraisal of 24. March 1869 unable to teach "possibly which reasons for the fact that, while other kinds of the Unzucht are left unconsidered of penal laws the straight Unzucht should be threatened with Thieren or between persons of male sex with punishment ". Nevertheless oriented yourself the criminal law draft for the north Germans federation, submitted by Bismarck in the year 1870, at relevant Prussian penal provisions. The draft justified this out of the consideration for "the public opinion ":

", If one could justify the omission of these penal provisions of reasons taken by the point of view of the medicine, like by some that, certain Theorieen of the criminal law; right consciousness in the people beurtheilt these actions not blos as vice, but as crime [...] ".

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