Criminal Law for Civil Servants – Strong Defense for Public Officials

Criminal law for civil servants (Beamtenstrafrecht) is a highly sensitive field of criminal law that deals with violations of official duties by civil servants, public officials, and comparable officeholders. For those affected, an investigation often has existential consequences: loss of civil servant status, disciplinary proceedings, pension cuts, or long-term damage to their career.

In this area, an early and well-thought-out defense strategy is crucial. As an experienced defense lawyer, I provide nationwide legal assistance in all matters related to criminal law for civil servants – discreet, competent, and focused.

Table of Contents

What is Criminal Law for Civil Servants?

Criminal law for civil servants is not a separate body of law but rather the application of general criminal provisions to public officials. It focuses on breaches of duty that arise from holding public office.

The aim is to safeguard the trust of the population in an honest and effective administration and to guarantee the rule of law. Many offenses are therefore “official offenses”, which can only be committed by public officials.

Who is considered a Public Official?

The term public official is defined in § 11 German Criminal Code (StGB). It includes:

  • Civil servants at federal, state, and municipal level
  • Judges
  • Employees exercising sovereign functions
  • Soldiers
  • Notaries
  • In some cases, private individuals entrusted with public tasks (e.g., experts, persons vested with authority)

Typical Offenses in Criminal Law for Civil Servants

Frequent allegations include:

  • Bribery and accepting benefits (§§ 331–335 StGB)
  • Granting of benefits / active bribery
  • Breach of official secrecy (§ 353b StGB)
  • Embezzlement and breach of trust (§ 266 StGB)
  • Forgery of documents (§ 267 StGB)
  • Manipulation of data (§ 269 StGB)
  • Perverting the course of justice (§ 339 StGB) – especially for judges and prosecutors
  • Bodily harm in office (§ 340 StGB) – particularly by police officers
  • Abuse of office (§ 132 StGB)
  • Prosecution of innocent persons (§ 344 StGB)
  • Obstruction of justice in office (§ 258a StGB)

Course of Proceedings against Public Officials

Investigations usually follow these steps:

  1. Initial suspicion and investigation – often after reports by third parties or internal reviews
  2. Search and seizure – especially in corruption or secrecy cases
  3. Questioning – never make statements without consulting a lawyer
  4. Decision – either dismissal of the case or indictment
  5. Trial – public hearing, often with high media attention
  6. Disciplinary proceedings – may run in parallel or afterwards

Consequences under Disciplinary and Service Law

A criminal conviction can have serious consequences:

  • Loss of civil servant rights (§ 24 BeamtStG)
  • Removal from public service
  • Reduction or loss of pension rights
  • Disciplinary measures up to dismissal
  • Entry in the Federal Central Register

Special Cases: Police Officers, Teachers, Doctors

  • Police officers – accusations of bodily harm in office, obstruction of justice, false testimony
  • Teachers – allegations of misconduct, neglect of duty, or sexual offenses
  • Doctors in public service – billing fraud, breach of medical confidentiality

Liability Risks and Civil Servant Status

Even an initial suspicion may lead to suspension, reassignment, or entries in personnel files.
In addition, civil servants may face civil liability claims. The overlap of criminal proceedings, disciplinary actions, and potential civil claims requires specialized defense.

Why You Need a Specialized Defense Lawyer

Criminal law for civil servants requires:

  • In-depth knowledge of both criminal and service law
  • Experience in handling parallel disciplinary proceedings
  • Discretion in dealing with authorities
  • Strategic planning to prevent escalation
  • Protecting long-term career prospects

My Services in Criminal Law for Civil Servants

I provide nationwide defense in all cases concerning public officials:

  • Early legal advice and risk assessment
  • Defense during investigation and trial
  • Review of search warrants and arrest orders
  • Defense in corruption, abuse of office, or embezzlement cases
  • Representation in disciplinary proceedings
  • Negotiation with superiors and public employers
  • Appeals (higher courts, revision)
  • Advice on service law consequences

Balanced Defense Strategy

Defense in this area means more than fighting in court:

  • Discreet communication with prosecutors and authorities
  • Protecting your professional integrity
  • Avoiding unnecessary escalation
  • Aiming for case dismissal or lenient outcome

Contact Now

Are you facing allegations as a civil servant or public official? Has disciplinary action been initiated against you?

Do not wait – seek professional defense early.

Phone: +49 172 8974716
Email: beisel@duckscheer.de

I provide experienced, discreet, and nationwide defense in criminal law for civil servants – with one goal: securing your future.

Defense Lawyer Tom Beisel