Definition and Legal Classification of the Term ‘Crime’
The term crime is a central element of criminal law and represents the most serious category of punishable acts. The legal definition as well as the distinction from less severe offenses such as misdemeanors is regulated in detail, especially in German criminal law and other legal systems.
Legal Definition of Crime
According to Section 12 (1) of the German Criminal Code (StGB), a crime is an offense punishable by a minimum term of imprisonment of one year or more. This legal definition clearly distinguishes crime from misdemeanor (§ 12 (2) StGB), which requires a lesser penalty. The categorization thus objectively depends on the statutory threat of punishment and not on the actual sentencing in individual cases.
Distinction from Misdemeanors
While crime constitute the most serious offense category, misdemeanors cover all offenses that are punishable by a minimum sentence of less than one year of imprisonment or can only be sanctioned with a fine. The distinction has significant effects on numerous procedural and substantive legal provisions, especially with regard to attempt, participation, sentencing framework, and legal consequences.
Crime in German Criminal Law
Significance for Actus Reus and Culpability Principles
In the German criminal law system, the assessment of an offense proceeds in several steps: actus reus, unlawfulness, and culpability. The existence of a crime particularly affects the interpretation of the subjective element of the offense, the requirements for attempt (§ 23 (1) StGB), as well as the involvement of several persons (perpetratorship and participation under §§ 25 ff. StGB).
Attempted Crime
According to § 23 (1) StGB, the attempt of a crime is always punishable, regardless of whether the law expressly provides for it. For misdemeanors, however, an explicit criminal liability for attempt is required by law. This regulation reflects the increased danger posed by crimes and serves to provide preventive criminal protection.
Participation in a Crime
Participation in a crime, such as incitement (§ 26 StGB) or aiding and abetting (§ 27 StGB), is also punished more severely. In particular, when incitement to commit a crime occurs, the attempt is already punishable (§ 30 (1) StGB). Additionally, special measures such as § 100a StPO (telecommunications surveillance) can be implemented as soon as there are sufficient indications that a crime is being committed.
Systematics and Examples of Crimes
Typical Crime Offenses
Offenses typically classified as crimes under German criminal law include:
- Murder (§ 211 StGB)
- Manslaughter (§ 212 StGB)
- Robbery (§ 249 StGB)
- Aggravated Assault (§ 226 StGB)
- Kidnapping for Extortion (§ 239a StGB)
- Hostage-Taking (§ 239b StGB)
- Arson Resulting in Death (§ 306c StGB)
- Sexual Coercion and Rape (§ 177 StGB)
These offenses are generally punishable by minimum prison sentences of one year or more.
Significance in Ancillary Criminal Law and Regulatory Provisions
Ancillary criminal law also often refers to the concept of crime: For example, for certain suspects of crimes, further powers of intervention such as searches, seizures, and pre-trial detention are permitted. In addition, in certain public office relationships, conviction for a crime is regularly considered grounds for dismissal.
Crime in the International Context
Comparison with Other Legal Systems
Other legal systems, such as Austria (§ 17 StGB) and Switzerland (Art. 10 (2) StGB), also define crimes by means of the minimum sentence. However, the threshold and specific legal categorization vary. In Common Law, a clear distinction between ‘felony’ (serious crime) and ‘misdemeanor’ (less serious offense) is customary, with differing consequences concerning prosecution, limitation periods, and criminal records.
Significance in International Law
In international law, and particularly in the context of international criminal jurisdiction, the term crime is used for especially serious offenses such as genocide, crimes against humanity, war crimes, and the crime of aggression. These classifications are significant for the jurisdiction of international courts such as the International Criminal Court (ICC).
Crime: Effects on Criminal Proceedings
Effects on Investigation and Criminal Proceedings
The qualification of an act as a crime has significant effects on criminal proceedings. If a crime is suspected, numerous coercive measures such as pre-trial detention (§ 112 (3) StPO), searches of premises, and telecommunications surveillance are possible. The severity of the offense also affects the minimum requirements for an arrest warrant and the prerequisites for protective measures.
Criminal Consequences and Sanctions
On account of their higher threat to society, criminal divisions regularly impose more severe sanctions for crimes. A conviction can result not only in lengthy prison sentences, but also in further legal consequences such as loss of civil rights, forfeiture, confiscation, as well as notification of professional and occupational associations.
Summary
The term crime has fundamental significance in the legal system for the classification and sentencing of the most serious offenses. The statutory definition, the distinction from other categories of offenses, and the various legal consequences reflect the prominent status of crime in both substantive and procedural criminal law. This distinction affects liability, regulatory measures, investigative authority powers, and societal responses—both at national and international level.
Frequently Asked Questions
What penalties are threatened for a crime under German law?
German criminal law distinguishes between crimes and misdemeanors. A crime pursuant to § 12 (1) StGB is an unlawful act that is punishable by a minimum prison sentence of one year or more. The specific punishment, however, depends on the particular offense and the circumstances of the individual case. In principle, German criminal law mainly prescribes prison sentences for crimes; fines are generally no longer considered. Prison sentences can range from one year to life, for example in cases of murder or particularly severe robbery. When determining the sentence, the court takes into account, among other things, the severity of the guilt, motives, the perpetrator’s background, conduct after the offense, and any mitigating or aggravating circumstances. In addition to the main penalty, ancillary consequences such as professional bans, withdrawal of driving licenses, or confiscation of instrumentalities may be ordered.
What does an attempt to commit a crime mean and how is it punished?
In German criminal law, not only the completed act but, under certain conditions, also the attempt to commit a crime is punishable (§ 23 (1) StGB). An attempt exists if the perpetrator, according to his conception of the offense, directly commences the realization of the offense’s elements but does not complete the act for reasons beyond his control. In case of crimes, the attempt is always punishable, in contrast to misdemeanors, where it is only punishable if expressly provided by law. The penalty for an attempt is generally based on the sentencing range for the completed offense but may be mitigated under § 23 (2) StGB, meaning the court can impose a penalty below the statutory minimum.
What role does culpability play in crimes?
The principle of culpability is a central tenet of German criminal law. To be convicted of a crime, the offender’s personal culpability must be proven. Culpability requires that the offender is able to comprehend the wrongfulness of the act and act according to this understanding. This includes capacity for guilt (generally from age 14), absence of grounds for excuse (e.g., excessive self-defense, excusing necessity, or lack of awareness of wrongdoing), and intent (except for negligent offenses, which are usually misdemeanors). If there is a significant reduction or even elimination of capacity for guilt, e.g., due to mental illness, the court can mitigate the sentence or forego punishment altogether and instead order measures such as placement in a psychiatric facility.
Is the public always informed about committed crimes?
Public disclosure of committed crimes is subject to different legal rules, in particular the principle of transparency of the judiciary, the principle of publicity (§ 169 GVG), as well as protection of personal data and privacy rights of those involved. Investigation proceedings are in principle not public, unless there is a special public interest, such as for tracing wanted persons. Main proceedings in criminal cases are generally public, unless the court exceptionally orders an exclusion of the public, for example to protect juveniles or witnesses. The press may report on ongoing or concluded proceedings but must respect the presumption of innocence and safeguard personal rights. Particularly in severe and high-profile crimes, there is intensive media reporting, but definitive assessments and attribution of guilt are permissible only after a final conviction.
Can a crime become time-barred? When does the statute of limitations apply?
Yes, in principle, crimes are also subject to statutes of limitation, although there are exceptions. The limitation period depends on the maximum penalty threatened for the respective offense (§§ 78, 78a-f StGB). There is no statute of limitations for particularly serious crimes such as murder (§ 78 (2) StGB). Otherwise, the limitation period is 30 years for acts punishable by life imprisonment, 20 years for a 10-year prison sentence, etc. The period generally begins to run upon completion of the offense but can, in special cases such as prosecution, be interrupted or suspended. Once the limitation period has expired, the offense can no longer be prosecuted.
What is the difference between perpetration and participation in crimes?
Criminal law distinguishes between perpetration and participation. A perpetrator is someone who commits the offense themselves; this can be the direct perpetrator, a co-perpetrator (several act jointly), or an indirect perpetrator (acting through another person). Participants are the instigator (§ 26 StGB), who induces another to commit the crime, and the accomplice (§ 27 StGB), who deliberately assists in the commission. This distinction is significant for sentencing: perpetrators generally face the full range of penalties, while accomplices must be punished more leniently. Instigators are punished as perpetrators.
What is the significance of special circumstances such as youth or mental illness in case of a crime?
Both age and mental condition play a significant role in the criminal assessment of crimes. Juveniles (aged 14 to under 18) and young adults (aged 18 to under 21) are subject to the Juvenile Court Act (JGG), which prioritizes educational measures and social integration. In cases of mental illness or profound disturbances of consciousness, the court examines whether capacity for guilt is reduced or absent (§§ 20, 21 StGB). If capacity for guilt is diminished, the sentence can be mitigated; if it is absent, there is no criminal liability—though measures such as psychiatric admission may apply. This serves both to protect the public and to meet the therapeutic needs of the offender.
