Robbery in Germany | Legal Defense

Section 249 of the German Criminal Code (StGB) defines robbery as using violence against someone or threatening them with immediate danger to life or limb to take their property. You must intend to keep the property for yourself or someone else unlawfully. The basic sentencing range starts at a minimum of one year’s imprisonment.

Robbery is a legally complex offense because it combines elements of both theft (Section 242 of the StGB) and coercion (Section 240 of the StGB). For the prosecution to prove robbery, they must establish:

• Taking someone else’s movable property with the intent to appropriate it unlawfully

The perpetrator must break the victim’s control over the property and establish new control over it. For example, snatching a handbag from someone’s hands demonstrates this taking.

• Use of violence or threats of immediate danger to life or limb

The perpetrator must use violence or threaten immediate danger to enable the taking. This requirement separates robbery from simple theft.

Violence includes any physical force that affects the victim’s body, directly or indirectly. The key is whether the action can overcome the victim’s resistance. Restraining someone, pushing them, or forcibly snatching an object can all constitute violence. The victim does not need to be consciously aware of the violence — it can occur even when someone is unconscious or asleep.

A threat under Section 249 StGB means presenting the victim with harm that you claim to be able to control. The threat must appear serious. It does not matter whether you actually have control over the threatened harm.

A direct connection must exist between the violence or threat and the taking. The violence or threat must enable or facilitate the taking. If violence occurs only after the taking is complete, robbery has not happened. This is often a critical defense point.

Some robberies qualify as “less serious cases.” German law does not precisely define this, but case law applies it when the overall circumstances, including all subjective factors and one’s character, substantially deviate from those typically found in robbery cases. When all aggravating and mitigating circumstances are weighed, the case may warrant a more lenient sentencing range. In these cases, the penalty drops significantly, ranging from six months to five years under Section 249(2) of the StGB.

Whether your case qualifies as less serious requires individual assessment. Courts consider all circumstances. Working closely with our criminal law team allows us to develop a defense strategy precisely tailored to your situation and achieve the best possible outcome.

When special circumstances accompany the basic robbery offense, prosecutors classify the charge as aggravated robbery under Section 250 StGB. The minimum prison sentence increases to three years. Aggravated robbery exists when:

• You carry a weapon or dangerous tool (even without using it),
• You carry tools or means to overcome the victim’s will (such as restraints),
• You cause serious bodily harm to another person,
• You commit the robbery as part of a gang.

The minimum sentence increases to five years when you actually use a weapon or dangerous tool during the robbery, carry a weapon during a gang robbery, or severely mistreat someone during the robbery. Life-threatening robbery also carries a minimum five-year sentence. Serious mistreatment means the victim suffers substantial health impairment, which can include considerable pain.

Robbery resulting in death (Section 251 StGB) occurs when you cause someone’s death at least recklessly through the robbery. The deceased does not need to be the direct robbery victim – it could be a third party. Death is considered caused by the robbery if it results from coercion through violence or threats, such as through shock. Recklessness means a heightened form of negligence – the death would have been preventable with even minimal care. These cases require experienced legal defense.

Distinguishing between robbery (Section 249 StGB) and predatory extortion (Sections 253, 255 StGB) is often debated in German law. According to case law, every robbery also fulfills the elements of predatory extortion. Unlike simple extortion, the victim in predatory extortion suffers both financial loss and exposure to actual danger to life or limb (or threats thereof). The external appearance of the offense determines the distinction. In robbery, the perpetrator takes the item. In predatory extortion, the victim hands over the item as a result of violence or threats. Predatory extortion also requires intent to enrich yourself unlawfully.

This distinction is complex and often involves evidential difficulties. Our experienced criminal defense lawyers develop defense strategies tailored to your case, considering all relevant details for a thorough legal assessment.