Facing Criminal Charges in Germany? Understanding Penalties and Consequences

The German legal system recognizes fines, imprisonment, additional penalties, and the imposition of security and rehabilitation measures as legal consequences for criminal offenses.

Fines are a common sanction and are imposed in the form of daily rates. A fine comprises a minimum of five and a maximum of 360 full daily rates. The number of daily rates depends on the severity of the offense and the guilt of the offender. The specific circumstances of the offense and preventive considerations are considered here.

The amount of the individual daily rate (€1 – €30,000) is based on the offender’s net income per day. Income, assets, living conditions, and maintenance obligations are considered. If a fine is not paid by the convicted person, a substitute prison sentence may be imposed instead. Since a change in the law in 2024, two daily fines correspond to one day of imprisonment; prior to this, it was one day of imprisonment for one daily rate.

A prison sentence is at least one month and, unless it is life imprisonment, a maximum of 15 years, Section 38 StGB. Prison sentences are imposed if the offense or the personality of the offender makes a prison sentence appear necessary to influence the offender or to defend the legal system. Prison sentences can also be suspended on probation if, at the time of the judgment, the defendant can be expected to lead a crime-free life in the future (known as a “positive social prognosis”). In the case of prison sentences of six to twelve months, the sentence must be suspended on probation if the social prognosis is positive, and the defense of the legal system does not require otherwise.

In contrast to penalties that are linked to the guilt of the offender, measures of security and rehabilitation are linked to the dangerousness of the offender. They serve primarily as a preventive measure and are intended to protect the general public from dangerous offenders and promote their rehabilitation. Measures of rehabilitation and prevention include preventive detention, placement in a psychiatric hospital or a rehabilitation center, supervision of conduct, revocation of a driver’s license, or imposition of a professional ban.

There is a specific penalty range for each criminal offense. The specific penalty that is applicable within the given range depends on the individual situation and the severity of the offense. Under German law, the purpose of punishment is to strengthen society’s trust in the legal system by threatening and imposing penalties and to deter the offender personally from committing further crimes. In addition, the offender should be helped to reintegrate into society, i.e., to lead a life free of crime.

When determining a sentence, the courts may consider mitigating and aggravating factors. Mitigating factors would include, for example,

• the fact that the offender has not committed any previous crimes
• the amount of damage caused was minor,
• the offender has made restitution,
• shown remorse and apologized,
• or has confessed to the crime.

Conversely, aggravating factors may include

• the offender having previous convictions for similar or other offenses,
• the offender displaying particular recklessness or criminal energy,
• considerable damage having been caused, or
• the offense having been committed over a long period of time.

A key principle in German criminal procedure law is that fines or prison sentences must be proportionate to the offense and the circumstances of the offender. This is to ensure that state penalties are consistent with human dignity and fundamental rights. Therefore, no excessive, arbitrary, or disproportionately harsh penalties may be imposed.

The death penalty was abolished in West Germany in 1949. The maximum penalty in Germany is therefore life imprisonment. However, since the German constitution stipulates that even those sentenced to life imprisonment should be given a real chance of regaining their freedom, the enforcement of a life sentence can be suspended on probation. The prerequisite for this is that 15 years have already been served, that the particular severity of the convicted person’s guilt does not require further enforcement, that this can be justified in the interests of public safety, and that the convicted person consents. However, there is no guarantee that the prison sentence will be suspended on parole after 15 years. In cases of particular severity, the prison sentence may well span several decades. The longest prison sentence served in Germany was 58 years.

As a measure of security and rehabilitation, lifelong preventive detention is also possible, which is not based on the guilt of the convicted person, but on their danger to the general public.

The maximum fine would be 360 daily rates multiplied by a maximum of 30,000 euros per daily rate, totaling 10,800,000 euros.

Some features of German criminal law differ significantly from other legal systems. Regarding US law, it is particularly noteworthy that “hate speech” is a criminal offense in Germany. There is the criminal offense of incitement to hatred, according to which anyone who maliciously insults or disparages groups of people, thereby violating their dignity or inciting or instigating violence, is liable to prosecution. The same offense also applies to the trivialization or approval of National Socialism. Insulting another person is also a criminal offense and can be punished with imprisonment of up to two years or a fine. It is therefore advisable, especially for expats, to familiarize themselves with the criminal laws in Germany. Contact our lawyers now for a non-binding consultation.

Theft, Sections 243 ff StGB (German Criminal Code)

• The basic offense carries a penalty of up to five years’ imprisonment or a fine.
• In particularly serious cases of theft (e.g., organized theft), the penalty is at least three months and up to ten years’ imprisonment.
• In the case of armed robbery, burglary, or gang theft, the penalty is a minimum of six months to ten years’ imprisonment.

Assault, Sections 223 ff StGB (German Criminal Code)

• The basic offense of assault is punishable by imprisonment of up to five years or a fine.
• Dangerous bodily injury (e.g., using a weapon or acting in collaboration with another person) carries a penalty of six months to ten years’ imprisonment, or in less serious cases, three months to five years’ imprisonment.
• In the case of grievous bodily harm (where the bodily harm must have serious consequences, e.g., permanent loss of vision in one eye), the penalty is imprisonment for one to ten years.

Robbery, Sections 249 ff StGB

• In the basic offense, the penalty for robbery is imprisonment for one year to 15 years, and in less serious cases of robbery, imprisonment of six months to five years.
• In serious cases of robbery (e.g., when a weapon is carried), the penalty is imprisonment for three to 15 years, but not less than five years if, for example, a weapon is also used, or the victim is put in life-threatening danger.

Damage to property, Section 303 StGB

• The penalty for damage to property is up to two years’ imprisonment or a fine.

Foreign nationals who are charged with a criminal offense in Germany may also face consequences under residence law. For example, third-country nationals without a settlement permit or permanent residence permit may be denied a future residence permit due to the provision in Section 5 (1) No. 2 of the Residence Act. According to this provision, the granting of a residence permit generally requires that there be no interest in expulsion.

According to Section 53 of the Residence Act, expulsion must be carried out if the stay of a foreign national endangers public safety and order, the free democratic basic order, or other significant interests of the Federal Republic of Germany, and if, considering all the circumstances of the individual case, the weighing of the interests in the foreigner’s departure against the interests in the foreigner’s continued stay in the federal territory shows that the public interest in the departure outweighs the other interests. Our lawyers for foreign nationals and residence law, and our criminal law practice group will advise you on the consequences you may face in your specific case.