Murder, Manslaughter & Homicide -Capital Offenses in Germany

Being charged with a capital crime ranks among the most serious accusations and carries far-reaching consequences. Even attempted murder can result in a life sentence.

In homicide proceedings, law enforcement authorities often face heightened public scrutiny. The significant importance of such cases places special demands on careful and precise investigative work. In complex cases, there is a risk that individual aspects may be overlooked or incorrectly evaluated.

The central task of qualified criminal defense lawyers is to uncover such errors and uphold constitutional principles. The early involvement of an experienced criminal defense attorney is crucial for a thorough, fair, and objective assessment of the charges.

According to  Section 212 StGB (German Criminal Code), manslaughter refers to when someone kills a person without being a murderer. Since the legislator in principle only criminalises intentional acts, as long as no punishability for negligent commission is expressly regulated in the Criminal Code, the intentional killing of a human being is initially required for the offence of manslaughter. However, this definition of manslaughter renders an examination of Section 211 StGB indispensable. According to Section 211 para. 2 StGB, a murderer is someone who kills another person

• out of a lust to kill, to obtain sexual gratification, out of greed or other base motives,
• perfidiously or cruelly or by means constituting a public danger, or
• to facilitate or cover up another offense,

At least one of these so-called “murder characteristics” must be present for a manslaughter to become a murder. The interpretation of the murder features has caused a great stir in the recent past, after the Berlin Regional Court had initially convicted two young men of murder for running a motor vehicle race with a fatal outcome. Since this verdict, the definition of the crime of murder has been experiencing a change, particularly in road traffic accidents.

Our criminal defense attorneys carefully examine whether the alleged qualifying elements of murder are actually present and develop an individualized defense strategy.

In homicide offences, the history and personality of the perpetrator are of considerable importance in addition to the act of committing the crime. The presentation of the accused’s past history and personality is significant in the context of sentencing and criminal liability. In such cases, issues surrounding the accused’s criminal record will come into play.

Nevertheless, personal backgrounds or prior convictions must not unduly influence the legal assessment of the current charges. The determination of whether the defendant actually committed the offense must be based exclusively on current investigations and established facts.

In addition to the above-mentioned offenses, the Criminal Code contains several other offenses relating to the killing of another human being. These offenses are also punishable by law. Not all of these offenses fit directly into the category of “murder” as the intention may not have been the death of the other human being.

Such offenses include

• the sexual abuse of children resulting in death (Section 176b StGB),
• sexual coercion and rape resulting in death (Section 178 StGB),
• involuntary manslaughter (Section 222 StGB),
• bodily injury resulting in death (Section 227 StGB),
• robbery resulting in death (Section 251 StGB) and
• prohibited motor vehicle racing resulting in death (Section 315d StGB).

Killing on demand is regulated in Section 216 StGB and constitutes a special offense of manslaughter. A prison sentence of six months to five years shall be imposed if someone has been induced to kill by the express and earnest request of the person killed. Attempted killing on demand is also punishable.

It is important to note that assistance in suicide is generally not punishable in Germany, provided the person wishing to die acts autonomously. This was confirmed by the Federal Constitutional Court in 2020 with the annulment of Section 217 StGB, which had regulated the commercial promotion of suicide. The boundary to punishable killing on demand is crossed when the final act causing death is not performed by the person wishing to die themselves, but by a third party (“control over the act”).

For physicians and medical personnel, Section 216 StGB has central importance in the euthanasia debate. Active euthanasia, meaning a targeted act of killing, remains punishable under Section 216 StGB, even with the patient’s express request. The withholding of life-sustaining measures, passive euthanasia, is generally permissible when the patient’s will can be established.

Our experienced criminal law attorneys provide comprehensive counsel on allegations related to Section 216 StGB and assist in distinguishing permissible assistance in suicide from criminal conduct.