Intelligente juristische Informationen
 Deutschland | 1-800-335-6202

Rape Prosecution Case

International Law Reports Cited authorities 1 Cited in Precedent Map Related
Date03 Diciembre 1984
CourtCourt of Appeal of Celle (Germany)
Federal Republic of Germany, Superior Provincial Court (Oberlandesgericht) of Celle
Rape Prosecution Case

Jurisdiction Territorial Foreign armed forces Criminal jurisdiction of receiving State Acts of United States serviceman unconnected with official duties Concurrent jurisdiction of sending and receiving States NATO Status of Forces Agreement, 1951, Article VII(3) Waiver of jurisdiction by receiving State Article VII(8) of Agreement Principle of ne bis in idem Applicability Whether decision to stay proceedings taken by the United States military authorities constitutes a bar to further proceedings in the Federal Republic of Germany The law of the Federal Republic of Germany

Summary: The facts:The Public Prosecutor in the Federal Republic of Germany refused to prosecute an American soldier, serving as a member of the United States forces stationed in the Federal Republic under the NATO Agreements, who was accused of rape. The alleged victim's request for a decision by a court was rejected and she appealed.

Held:The appeal was dismissed.

(1) Pursuant to Article VII(3) of the NATO Status of Forces Agreement, members of the United States forces stationed in the Federal Republic were subject, in the case of rape, to the...

Um weiterzulesen

FORDERN SIE IHR PROBEABO AN

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT