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Report No. 43

7.7. Provision in foreign Codes.-

We find, that some of the foreign Codes have provisions designed to punish collaboration with the "enemy" and, in some cases, collaboration with a foreign state in a manner detrimental to the State.

For example, the Norwegian Penal Code has this provision:1

"Any Norwegian citizen or resident of Norway who receives from a foreign power or party or organisation acting in its interest, for himself or for a party or organisation, economic support to influence public opinion about the country's form of Government or foreign policy or for party purposes, or is accessory thereto, shall be punished by jailing or imprisonment upto two years."

The German Penal Code provides punishment for such 'treasonable relations' in a section2 reading as.follows:-

"1. Anybody who, with the intent of bringing about or furthering a war, an armed undertaking, or coercive measures against the Federal Republic of Germany or one of her States, enters into or maintains relations with a Government, a party, an alliance or organisation in existence in a territory outside the territorial jurisdiction of this law, or with a person who acts in the service of such a government, party, alliance or organisation, shall be punighed by confinement in a penitentiary.

2. If the perpetrator acts with the intent- of bringing about or furthering other measures or efforts of a goveriunent, party, alliance, or organisation in existence in a territory outside the territorial jurisdiction of this law, which are designed to impair the existence or the security of the Federal Republic of Germany or to abrogate or invalidate the constitutional principles designated in section 88, the punishment shall be imprisonment. The attempt is punishable."

The provision in the Yugoslav Penal Code for participating in hostile activity against the country is simpler:3

"A Yugoslav citizen who with intent to overthrow the State system and social organisation or because of any hostile activity against Yugoslavia establishes contacts with a foreign state, foreign organisation or a particular foreign group of refugees, or who assists them in the performance of hostile activities, shall be punished by strict imprisonment."

1. Section 97a, Norwegian Penal Code.

2. Section 100d, German Penal Code.

3. Article 109, Yugoslav Penal Code.

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