Criminal Law in Germany – Competent Defense Against Criminal Charges
Criminal law in Germany covers a wide range of offences, from simple theft to bodily injury, from forgery of documents to threats.
A criminal investigation is often a heavy burden: possible consequences include fines, imprisonment, entries in the criminal record, loss of employment opportunities, and social stigma.
That is why it is essential to have an experienced defense lawyer by your side from the very beginning.
This guide explains the basics of German criminal law, the typical offences, how proceedings work, possible penalties, defense strategies, and answers to the most frequent questions.
Table of Contents
Typical offences under German criminal law
Stages of criminal proceedings
Possible penalties and consequences
Defense strategies in criminal cases
Special aspects for repeat offenders
FAQ – frequently asked questions
Why strong defense is crucial
My services for you
Contact
Typical offences under German criminal law
The German Criminal Code (Strafgesetzbuch – StGB) lists many offences. Particularly common are:
Bodily harm (§ 223 StGB): Any act that harms another person’s body or health.
Dangerous bodily harm (§ 224 StGB): Assault using a weapon, tool, or in a group.
Theft (§ 242 StGB): Taking someone else’s property with intent to keep it.
Damage to property (§ 303 StGB): Destroying or damaging property of others.
Threats (§ 241 StGB): Announcing serious crimes against someone.
Coercion (§ 240 StGB): Forcing someone by violence or threat.
Insult (§ 185 StGB): Offending another person’s honor by words or gestures.
Forgery of documents (§ 267 StGB): Creating or using false documents.
Trespassing (§ 123 StGB): Entering premises without permission.
Fraud (§ 263 StGB): Deception to obtain financial gain.
Even minor offences can have serious consequences for your life, job, and future in Germany.
Stages of criminal proceedings
A criminal case in Germany usually goes through several phases:
Investigation phase
Led by the public prosecutor, police conduct:
questioning of suspects and witnesses,
searches of homes or offices,
seizure of evidence,
forensic expert reports.
⚠️ Important: You have the right to remain silent.
A lawyer will request access to the investigation file and advise you.
Police summons
If you are summoned as a suspect, consult a lawyer before speaking. Without knowing the file, you risk incriminating yourself.
Arrest and pre-trial detention
Detention may be ordered if there is flight risk or risk of evidence tampering.
A lawyer checks:
whether detention is lawful,
if alternatives (reporting duties) are possible.
Indictment and trial
If charges are brought, the court will:
hear witnesses,
examine evidence,
hear experts,
listen to the prosecutor and defense.
The defense aims to highlight weaknesses in the case, present exonerating facts, and seek dismissal or reduced penalties.
Possible penalties and consequences
Penalties in German criminal law range from fines to years of imprisonment. The outcome depends on:
prior convictions,
seriousness of the offence,
motives,
behavior after the offence (confession, compensation).
Examples:
Bodily harm: fine or up to 5 years imprisonment
Dangerous bodily harm: 6 months to 10 years imprisonment
Theft: fine or up to 5 years imprisonment
Forgery of documents: fine or up to 5 years imprisonment
Coercion: fine or up to 3 years imprisonment
Other consequences:
criminal record entry,
loss of driving licence,
professional sanctions,
compensation claims from victims.
Defense strategies in criminal cases
A criminal defense lawyer will check carefully:
Were the police investigations lawful?
Are witnesses reliable?
Are there exonerating pieces of evidence?
Was it self-defense or mistake?
Examples of strategies:
Bodily harm: was it self-defense (Notwehr)?
Forgery: was it truly falsification or only formal irregularity?
Evidence exclusion: illegally obtained evidence may be inadmissible.
Contradicting witness statements
Settlement: compensation to the victim can lead to dismissal.
Special aspects for repeat offenders
Courts impose harsher penalties on repeat offenders. Risks include:
longer sentences,
no chance of settlement,
stricter probation conditions.
Defense may argue:
positive social prognosis,
therapy or rehabilitation efforts,
willingness to compensate.
FAQ – frequently asked questions
Should I talk to the police?
Without file access, silence is usually best.
How much does a defense lawyer cost?
Depends on the case – I offer transparent agreements.
Will I get a criminal record entry?
Yes, above certain penalties entries are made.
Can the case be dismissed?
Yes, often possible for first-time or minor offenders.
How long does it take?
From a few weeks to several months.
Even “minor” charges like bodily harm, theft, or forgery can change your life.
An experienced defense lawyer will:
analyze all evidence,
request exclusion of unlawfully obtained evidence,
negotiate with the prosecutor,
protect you from premature confessions.
I support you throughout Germany:
representation during investigation,
defense at trial,
challenging penalty orders,
advice for witnesses,
appeals to higher courts.
If you have received a summons or investigation notice, do not wait.
📞 Phone: +49 172 8974716
✉️ E-Mail: beisel@duckscheer.de
Contact me for a confidential consultation – I will defend your rights.