Definition and significance of criminal law
Das Criminal Law is a central area of public law that governs the prerequisites, content, and consequences of punishable conduct. It encompasses all statutory provisions that threaten acts or omissions with a state-imposed penalty. The core of criminal law is the protection of fundamental legal interests such as life, bodily integrity, liberty, property, and public safety. Thus, criminal law serves to uphold social order and justice by sanctioning socially undesirable behavior.
Structure and classification of criminal law
Criminal law can be divided into various areas, which together form the entire criminal law system:
General Part
The General Part is regulated in the first book of the Criminal Code (StGB). It establishes fundamental principles and common rules for all offenses:
- Definition and characteristics of a criminal offense: Definition, principle of wrongfulness and culpability.
- Conditions for criminal liability: Factual elements of the offense, unlawfulness, culpability.
- Attempt and withdrawal: Provisions on punishable attempt, as well as possibilities and requirements for a withdrawal that exempts from punishment.
- Perpetration and participation: Distinction between perpetrator, co-perpetrator, instigator, and accomplice.
- Sentencing and mitigation: Provisions for determining the penalty as well as possible mitigating circumstances.
- Limitation period: Rules regarding time limits, after which criminal prosecution is no longer possible.
Special Part
The Special Part of criminal law describes specific criminal offenses that are threatened with sanctions provided by law. These include, for example:
- Offenses against life (e.g. murder, manslaughter)
- Offenses against bodily integrity (e.g. bodily harm)
- Offenses against personal liberty (e.g. deprivation of liberty)
- Offenses against property (e.g. theft, embezzlement, robbery)
- Offenses against public order (e.g. breach of the peace)
- Offenses in public office (e.g. bribery)
Ancillary statutes
Criminal law also includes criminal provisions outside the StGB ( ancillary criminal law ). Examples of these are:
- Narcotics Act (BtMG)
- Economic criminal law (e.g. insolvency offenses, tax offenses)
- Environmental criminal law
- Juvenile Courts Act (JGG) for juvenile offenses
Principles of criminal law
Criminal law is shaped by core principles that ensure fair and constitutional handling of criminal proceedings:
Principle of culpability
Only those who act culpably can be punished under criminal law. Guilt requires the ability to recognize the wrongfulness of the act and to act in accordance with this insight.
Principle of legality
Government authorities are obliged to take action if there is an initial suspicion of a criminal offense. The prosecution of criminal offenses is mandatory and may not be at the discretion of authorities.
Nulla poena sine lege
The principle of legal certainty: No one may be punished for an act that was not threatened with punishment by law at the time of its commission.
Prohibition of retroactivity
Offenses may not be made punishable retroactively; the principle of non-retroactivity of penal laws applies.
Principle of proportionality
Sanctions and prosecutorial measures must always be appropriate and necessary to protect the legal interest concerned.
Framework and international aspects
Criminal law is largely governed by the Criminal Code, but is supplemented by numerous special laws. In addition, national regulations must take into account international law requirements and international conventions, such as the European Convention on Human Rights (ECHR) and requirements of the European Union (TEU, TFEU, directives).
Types of penalties and measures
Criminal law encompasses different forms of state-imposed sanctions:
Imprisonment
Imprisonment is the most important criminal sanction, with duration ranging from a few months up to life imprisonment.
Financial penalty
The fine is determined in daily rates and is based on the severity of the offense as well as the offender’s economic circumstances.
Accessory penalties and measures
These include driving bans, bans on residence or occupation, as well as measures for rehabilitation and security, such as placement in a psychiatric institution.
Criminal procedure law and enforcement
Substantive criminal law is supplemented by procedural criminal law (criminal procedure law). This regulates the procedure from initiation of the preliminary investigation, through indictment, main hearing, up to enforcement of penalties.
Essential principles of criminal procedure include, among others:
- Presumption of innocence
- Principle of the right to be heard
- Rights of appeal against criminal decisions (appeal, revision)
- Course and participants in criminal proceedings, including criminal courts and public prosecutors
Distinctions from other branches of law
Criminal law is distinguished from regulatory offense law (for lesser violations of legal norms) as well as from civil law (which concerns private law claims).
Reforms and developmental trends
Criminal law is subject to constant change in order to address social, technological, and international developments. Thus, new offenses are created (for example in the area of cybercrime), existing provisions adapted, and international cooperation strengthened.
Significance of criminal law for society
Criminal law safeguards fundamental values and societal peace. Through its rules, it acts both preventively against future violations and repressively against past crimes. It thus plays an essential role in enabling coexistence in a society governed by the rule of law.
Further reading:
- Criminal Code (StGB)
- Code of Criminal Procedure (StPO)
- Juvenile Courts Act (JGG)
- Narcotics Act (BtMG)
- European Convention on Human Rights (ECHR)
Frequently Asked Questions
What happens after a police summons in criminal proceedings?
After a person receives a police summons as part of criminal proceedings, they are generally not obligated to appear before the police or make a statement, unless they are summoned as a suspect and there is a judicial or prosecutorial order for their appearance. If they do appear, they have the right to remain silent regarding the accusation. It is advisable to seek legal counsel before making any statement, as every word spoken is recorded in the investigation file, reviewed by the public prosecutor, and can later be used in court. Only as a witness may one be required to testify under certain circumstances; here, it is particularly important to distinguish from being a suspect. In the further course of the proceedings, the police generally forward the accumulated findings to the public prosecutor, who then decides whether to discontinue the case, file charges, or take other actions.
When is a criminal investigation discontinued?
A criminal investigation may be discontinued for various legal reasons. According to §§ 153 et seq. of the Code of Criminal Procedure (StPO), the public prosecutor can discontinue the proceedings due to minor culpability and lack of public interest in prosecution, often subject to the condition of a monetary payment (§ 153a StPO). If there is insufficient suspicion or insufficient evidence to continue, a discontinuation is ordered pursuant to § 170 (2) StPO. A prompt request for access to the files by the defense can increase the chances of discontinuation because both incriminating and exonerating circumstances are more closely examined. Discontinuation is also possible, for example, if the perpetrator compensates the damage caused or is reconciled with the victim. The decision to discontinue always depends on the circumstances of the individual case and is made by the public prosecutor or, in court proceedings, by the court.
What rights do I have as a suspect in criminal proceedings?
As a suspect in criminal proceedings, a person is entitled to extensive rights, in particular the right not to incriminate themselves (right to remain silent according to § 136 StPO). Besides the right to legal counsel, there is the right of access to the case files through the defense lawyer (§ 147 StPO), the right to submit requests for evidence and applications for exemption from personal appearance. The suspect is not obliged to appear before the police, but only in response to a judicial or prosecutorial order. Additional protective rights apply during interrogations, including the right to an interpreter and special protective measures during procedural actions. The presumption of innocence applies until a final conviction is reached.
What is a penal order and how can I object to it?
A penal order is a judicial decision in a simplified procedure according to §§ 407 et seq. StPO, in which the court, at the request of the public prosecutor, can impose a penalty—typically a fine—without a main hearing. This procedure is mainly used for simple cases with clear facts and a manageable penalty. An objection can be filed against a penal order within two weeks after its delivery (§ 410 StPO). The objection can relate to the entire order or to specific parts only. After lodging the objection, an oral main hearing is generally scheduled before the district court, in which all facts and evidence are reviewed again.
When is legal defense by a lawyer mandatory in criminal proceedings?
Mandatory defense, that is, the compulsory appointment of a defense lawyer, is prescribed for certain serious cases. According to § 140 StPO, this is the case, for example, if the accused is charged with a felony, is held in pre-trial detention, is subject to placement or preventive detention, if the seriousness of the offense or the complexity of the legal or factual situation requires a defense lawyer, or if the defendant cannot represent themselves in court (for example, due to lack of language skills or intellectual disabilities). Legal representation by counsel is also mandatory for main hearings before the regional court. However, even without a mandatory defense, early engagement of a defense lawyer can have a significant impact on the proceedings and their outcome, especially to safeguard rights and enable effective defense.
What does limitation (statute of limitations) mean in criminal law?
In criminal law, limitation means that a certain period must have elapsed since the commission of the offense, after which prosecution is no longer possible (§§ 78 et seq. StGB). The limitation periods differ depending on the severity of the offense and range from three years for minor offenses to up to thirty years for especially serious crimes (e.g. murder is not subject to limitation). The period generally begins with the completion of the offense. Interruptions—such as an investigative measure by law enforcement authorities against the accused—restart the limitation period. Once limitation has occurred, both prosecution and punishment of the offense are no longer possible.
