Term and Definition of the Criminal Code
Das Criminal Code (Abbreviation: StGB) is the central body of law for German criminal law. It regulates the prerequisites for criminal liability, the individual criminal offenses, the forms of punishment, as well as the legal consequences of criminal conduct. The Criminal Code contains both general principles of criminal law and concrete descriptions of punishable acts. Thus, it forms an essential part of the legal system, protecting legal interests, maintaining public security, and enforcing the state’s right to punish.
Historical Development of the Criminal Code
The present German Criminal Code came into force on January 1, 1872, and is a further development of criminal law after legal unification in the German Empire. In the following decades, it was extensively reformed and supplemented by significant laws, such as the Introductory Act to the Criminal Code. Major reforms especially included the abolition of the death penalty, changes in sexual offenses, crimes against personal freedom, and comprehensive modernizations, for example, through the 6th Criminal Law Reform Act of 1998 and numerous individual reforms.
Structure and Systematics of the Criminal Code
General Part (§§ 1-79b StGB)
Der General Part of the Criminal Code sets out the fundamental principles of German criminal law, including:
- Scope of application: Regulations on the applicability of the StGB to acts committed domestically and abroad.
- Definitions of terms: Central terms such as act, culpability, intent, negligence.
- Elements of a crime: Prerequisites for criminal liability, such as the factual elements of the act, unlawfulness, and culpability.
- Types of penalties: Definition and amount of imprisonment, fines, as well as secondary penalties and measures of rehabilitation and security.
- Attempt and participation: Criminal liability of attempt and regulations on perpetration and participation.
- Abolition of punishment: Legal consequences such as statute of limitations, withdrawal, and active repentance.
Special Part (§§ 80-358 StGB)
Im Special Part lists the individual criminal offenses. The offenses are systematically divided into different chapters, such as:
- Offenses against peace, high treason, and treason
- Offenses against public order
- Offenses against the person (e.g. homicide, bodily injury, offenses depriving liberty)
- Offenses against property (e.g. theft, fraud, embezzlement, robbery)
- Offenses against the State and State Authority
Each offense consists of a definitional element, a regulation of legal consequences, and sometimes of aggravating or mitigating circumstances.
Ancillary Provisions and Supplementary Regulations
Additionally, there are regulations concerning the secondary consequences of a crime, such as:
- Forfeiture and confiscation: Asset-depriving measures in favor of the state
- Measures of rehabilitation and security: Placement in psychiatric care, probation supervision, professional disqualification
Application and Scope of the Criminal Code
The Criminal Code is binding throughout the entire federal territory. It applies to all natural persons who commit a criminal act as defined by the law. Its application is exercised exclusively by the law enforcement authorities and courts.
Territorial and Material Scope of Application
- Principle of territoriality: In principle, the StGB applies to offenses committed within Germany.
- Universal jurisdiction principle: In specific cases (e.g. genocide, war crimes), application to offenses committed abroad is also provided for.
Temporal Scope of Application
The principle applies that the law valid at the time the act was committed is to be applied (prohibition of retroactivity, Art. 103 II GG). Newer, more lenient laws may, under certain circumstances, be applied retroactively to benefit the affected person (lex mitior).
Significance of the Criminal Code in the Legal System
The Criminal Code is at the center of substantive criminal law. Its norms are binding for jurisprudence and guide the interpretation and application in every criminal investigation or court proceeding. In addition, there are numerous ancillary laws with criminal provisions, which, however, generally refer to the systematics of the StGB or are used as supplements.
Reforms and Criticism
The Criminal Code is regularly subject to societal and political debate. Such debates concern, for example, the reformulation of individual offenses, the adjustment of penalty frameworks to changing social values, or the introduction of new categories of offenses, such as in the area of cybercrime and hate speech. Furthermore, the balance between prevention and repression and the meaningfulness of specific penalties are regularly questioned.
International Influences and Comparison
The German Criminal Code operates in conjunction with international agreements and is influenced by mandates of the European Union, as well as international treaties. Other countries sometimes have similarly structured bodies of law with comparable areas of applicability, though the content of regulations and penalties differ in part significantly.
Literature and Further Information
- Criminal Code (StGB) – Laws on the Internet (BMI)
- Introductory Act to the Criminal Code (EGStGB)
- Commentaries and textbooks on German criminal law
Note: The contents presented here provide a summary overview of the Criminal Code and highlight the most important legal aspects, systematics, and implications for the German legal system.
Frequently Asked Questions
When does the Criminal Code (StGB) apply?
The Criminal Code (StGB) is the central statute of German criminal law and always applies whenever an act committed in Germany or closely connected to Germany must be assessed under criminal law. The StGB generally applies to all acts committed within German territory (principle of territoriality according to § 3 StGB). Crimes committed outside Germany may also fall under the StGB under certain conditions, for example, if the victim is German or if the crime abroad was directed against German legal interests (§§ 7, 9 StGB). Additionally, there are special provisions for acts on German ships and aircraft as well as for crimes committed abroad by certain groups of offenders. The StGB also applies whenever no more specific criminal law applies (principle of subsidiarity), and provided the act was punishable at the time it was committed (prohibition of retroactivity under Art. 103 II GG and § 1 StGB).
What types of penalties are provided for in the Criminal Code?
The StGB distinguishes between different types of criminal sanctions, with the main forms being imprisonment and fines. Imprisonment can be for a fixed period or, in the case of especially serious offenses such as murder, for life (§ 38 StGB). Fines are calculated in daily units, the amount of which depends on the personal and financial circumstances of the offender (§ 40 StGB). Additional penalties such as driving bans (§ 44 StGB) or professional bans (§ 45 StGB) may also be imposed. Furthermore, the StGB recognizes measures of rehabilitation and security, including placement in a psychiatric hospital or revocation of a driver’s license, which are considered preventive measures rather than penalties (§ 61 ff. StGB).
How are penalties determined in the Criminal Code?
The penalty ranges are set in the StGB for each offense in the so-called Special Part (second section). There, minimum and maximum penalties are prescribed for every criminal offense. The court has a statutory sentencing framework within which it must impose the concrete sentence in accordance with culpability-appropriate sentencing (§ 46 StGB). Both mitigating and aggravating circumstances are taken into account, such as the offender’s confession, particular cruelty, or relevant prior convictions. In especially serious cases or if sentencing rules apply, the penalty range may be extended, mitigated, or excluded by law (for example, in less serious cases or in the case of attempted offenses).
What is the significance of the principle of culpability in the Criminal Code?
The principle of culpability is a central principle in German criminal law and is also anchored in the StGB. According to § 46 StGB, punishment may be based only on the individual culpability of the offender. Culpability results from the individual’s blameworthiness for the offense and requires that the offender has acted intentionally or negligently and understood the social significance of his or her actions. Without culpability, no punishment can be imposed (nulla poena sine culpa). The court must therefore determine in criminal proceedings the extent to which the result of the offender’s conduct is attributable to him or her. Special provisions such as capacity for culpability (§§ 19 ff. StGB), diminished culpability, or incapacity due to mental disorders limit the application of the principle of culpability in individual cases.
What role do periods of limitation play in the Criminal Code?
Limitation (statute of limitations) under criminal law means that a specific offense can no longer be prosecuted after a legally defined period of time has elapsed. The limitation periods are determined by the severity of the offense and are regulated in § 78 StGB. For example, there is no limitation period for murder, that is, murder does not become statute-barred. For other offenses, the period varies from three years (for minor offenses) to thirty years (for serious offenses such as aggravated assault or manslaughter). Once the limitation period has expired, criminal prosecution is no longer possible. The period can be interrupted by certain actions, such as the filing of charges or the issuance of an arrest warrant, so that the period begins anew (§ 78c StGB).
What is the difference between a felony (Verbrechen) and a misdemeanor (Vergehen) according to the Criminal Code?
Section 12 of the StGB distinguishes between felonies and misdemeanors. Felonies are unlawful acts punishable by a minimum term of imprisonment of one year or more. Examples include murder, robbery, or aggravated arson. Misdemeanors, by contrast, are offenses punishable by a lesser term of imprisonment or merely a fine, such as theft, bodily injury, or fraud. This distinction is especially relevant for issues such as criminal liability for attempts, modifications of sentencing ranges, or certain specific provisions, for example, in the area of participation or grounds for the abolition of punishment.
Under what conditions can a sentence be suspended on probation?
According to § 56 StGB, the court may suspend a prison sentence of no more than two years on probation if it can be expected that the convicted person will not commit any further offenses and special circumstances justify this. In this regard, the personality of the offender, his or her past life, the circumstances of the offense, as well as conduct after the offense, are particularly taken into account. During the period of probation, which usually lasts between two and five years, the convicted person must comply with certain conditions and instructions. Violations of these terms can result in revocation of the probation and subsequent enforcement of the prison sentence. The purpose of probation is to enable rehabilitation and prevent reoffending.
