Robbery in Germany | Legal Defence

Under § 249 of the German Criminal Code (StGB), robbery is a serious offence defined as taking another person’s movable property through the use of force or threats that pose a real danger to life or physical well-being. The offence is committed with the intent of unlawfully appropriating the property for oneself or another person, and the minimum penalty is generally one year in prison.

Robbery in Germany is legally complex, combining elements of both theft (§ 242 StGB) and coercion (§ 240 StGB). For a situation to qualify as robbery, several conditions must be met:

• Unlawful Appropriation: The offender must take someone else’s movable property with the intent to keep it or transfer it to someone else unlawfully. This involves breaking the victim’s control over the property and establishing new control, such as forcibly taking a handbag from someone’s grasp.
• Use of Violence or Threat of Serious Harm: The perpetrator must either use physical force or threaten an immediate danger to the victim’s life or physical safety to facilitate the taking.

Violence includes any act of physical force that affects the victim’s body directly or indirectly, and it must be sufficient to overcome any resistance from the victim. Notably, the victim does not need to be fully aware of the violence used; it can still be considered violent even if the victim is unconscious or asleep.

For a threat to meet the requirements of § 249 StGB, the perpetrator must warn of harm over which they claim control. The threat must appear credible, regardless of whether the perpetrator actually has the means to follow through.

A direct connection between the use of violence or threats and the act of taking the property is essential. The offence may not be classified as robbery if the violence or threat occurs after the property has already been taken.

Understanding these distinctions is crucial for anyone involved in a robbery case in Germany, whether as a defendant or a victim. Our German criminal defence team is available to provide clear guidance on these complex legal points and ensure robust representation tailored to your unique case.

In certain situations, a robbery charge in Germany may be considered a “less serious case.” Although the law does not precisely define this category, German case law generally applies it when the circumstances of the offence and the offender’s personal background significantly deviate from typical robbery cases, warranting a more lenient sentence. This assessment considers both aggravating and mitigating factors, including the offender’s intent and overall behaviour during the crime. In less serious cases, the penalty under § 249 (2) StGB ranges from six months to five years.

Determining whether a robbery in Germany qualifies as a less serious case requires a close, individualised review. At Schlun & Elseven Rechtsanwälte, our legal team works with you to understand your case’s specific details and develop a defence strategy focused on achieving the most favourable outcome possible.

If specific aggravating circumstances are present, the charge may be elevated to aggravated robbery under § 250 StGB, resulting in a significantly harsher sentence, starting from at least three to five years in prison. Aggravated robbery applies if the offender, during the robbery:

• Possesses or uses a weapon or dangerous tool,
• Carries items intended to threaten or coerce the victim,
• Causes serious bodily harm to a third party, or
• Commits the robbery as part of a gang.

A minimum sentence of three years applies to aggravated robbery cases, which increases to five years if a weapon is actively used, if the robbery is conducted as part of a gang, or if the offender severely injures a third party. Additionally, serious bodily harm includes instances where the victim experiences considerable physical pain or health impairment.

Robbery resulting in death, defined under § 251 StGB, occurs when the offender causes the death of another person through the robbery, even if indirectly. The deceased does not need to be the direct victim; any third party affected by the robbery incident may qualify. The fatality must be directly related to the use of force or threats involved in the robbery, such as a death caused by shock or trauma. In these cases, recklessness, a heightened form of negligence, means the death could have been avoided with a reasonable degree of care from the offender.

Each of these cases carries serious implications, and our experienced criminal defence team is here to guide you through the complex legal landscape, ensuring your rights are protected and providing dedicated representation for the best possible outcome.

In German law, the distinction between robbery (§ 249 StGB) and predatory extortion (§§ 253, 255 StGB) is nuanced and often debated. Both involve coercion but differ in how the property is obtained and the specific intent behind the offence.

Robbery in Germany typically involves direct physical force or threats to take an item from the victim. Predatory extortion, on the other hand, combines elements of robbery and extortion: here, the victim hands over the property to the offender due to immediate threats or coercion, but the property transfer is voluntary only in appearance, as it’s done under duress. In predatory extortion, the offender’s intent focuses on unlawful enrichment rather than outright appropriation.

In practice, distinguishing between these two offences can be legally challenging, as it often depends on how the incident appears externally and the specifics of intent. Evidence is crucial in determining whether the case meets the threshold for robbery or predatory extortion, as even minor details may affect the legal classification.

At Schlun & Elseven Rechtsanwälte, our criminal law defence team is well-versed in these complexities. We develop suitable defence strategies based on a thorough analysis of the facts to secure the best outcome for your case, ensuring all relevant legal aspects are carefully considered.