Recidivist (Tribunal of Saar Territory) Case

Date22 Agosto 1951
Docket NumberCase No. 16
CourtCourt of Appeal of Frankfurt (Germany)
German Federal Republic, Court of Appeal of Frankfurt.
Case No. 16
Recidivist (Tribunal of Saar Territory) Case.

States — Continuity of — Status of Saar Territory — Conviction for Criminal Offence before a Court of the Saar Territory — Whether such Court is a German Court or a Foreign Court within the Meaning of German Criminal Law.

The Facts.—Section 264 (1) of the German Penal Code provides that where a person has twice previously been convicted “in Germany” (“im Inland”) of the offence of obtaining money by false pretences, he shall be liable to punishment as a recidivist. The appellant had been previously convicted of an offence of this nature by a court exercising jurisdiction in Germany, and he was again so convicted on October 13, 1949, by a court exercising jurisdiction in the Territory of the Saar. On his being charged with two further such...

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