Definition and Legal Classification of Murder Conspiracy
Ein Murder Conspiracy refers to the planning and preparation of a murder by several persons who agree on the crime and aim to jointly commit the act. The term is used in criminal law and covers both the agreement and the organization of an act of killing, where the mere planning may already be punishable, even if the actual crime has not yet been committed.
In German criminal law, murder conspiracy is not an independent criminal offense but is generally assessed through the existing provisions on perpetration, participation, conspiracy, incitement, and aiding and abetting.
Distinction from Related Terms
Attempt, Conspiracy, and Preparation
A murder conspiracy differs from mere conspiracy or attempt of murder. Unlike an attempted murder, where there is already a direct attempt to carry out the act, murder conspiracy primarily refers to the planning stage. It is more closely related to the concepts of conspiracy to commit an offense (§ 30 StGB) and the formation of criminal organizations (§ 129 StGB).
- Conspiracy: Under German law, the mere agreement to commit murder is not punishable as a ‘conspiracy’ in the American sense. It only becomes relevant upon an agreed plan to commit a serious offense, for example pursuant to § 30 StGB.
- Preparation: Measures going beyond mere planning can already qualify as punishable preparatory acts, particularly in cases of especially serious crimes such as murder.
Criminal Liability for Murder Conspiracy
Conspiracy to Commit a Crime (§ 30 StGB)
Conspiring to commit murder constitutes a separate offense according to § 30 paragraph 2 StGB. It states that merely agreeing to commit murder constitutes a serious criminal offense. At least two persons must agree to kill a person in the future.
- Elements of the Offense: At least two people agree to carry out a murder and have a serious, joint plan for the act.
- Legal Consequences: Imprisonment for up to fifteen years.
Incitement and Aiding and Abetting (§§ 26, 27 StGB)
Initiating or promoting a murder conspiracy by third parties can be prosecuted as incitement or aiding and abetting under criminal law. The relevant provisions are §§ 26 and 27 StGB:
- Incitement: Causing another person to carry out the act.
- Aiding and Abetting: Supporting or promoting the murder conspiracy without being the main perpetrator.
Participation in Murder Conspiracy from the Perpetrator’s Perspective
Participation in a murder conspiracy can be regarded as joint perpetration (§ 25 para. 2 StGB) if several persons are equally involved in planning, preparing, and executing the crime.
Case Law and Distinction Criteria
Requirements According to Case Law
The highest courts require the following for the punishability of a murder conspiracy:
- A serious intent by all participants to carry out the act.
- A concrete action going beyond mere speculation or expressing an opinion.
- An agreement on the method and the target of the crime.
If a murder conspiracy is only considered as an idea, without concrete agreements or preparations, the necessary intent to commit the act is lacking. The boundaries must be judged in each case based on the circumstances of the individual case.
Protection of Victims and Perpetrators
Preventive Measures and Police Powers
If a murder conspiracy is suspected, the police and law enforcement authorities have extensive powers to avert danger to the potential victim. These include:
- Telephone surveillance,
- Surveillance,
- Deployment of undercover investigators and informants,
- as well as further measures under public safety law.
Crown Witness Regulations
Persons who disclose a murder conspiracy and thereby help to solve the crime may receive mitigation of punishment or exemption from punishment under certain statutory provisions. This serves both to clarify serious crimes and to protect victims.
International Perspective
Comparison with Other Legal Systems
In numerous other legal systems, particularly those in the Anglo-American tradition, the conspiracy to commit serious crimes is independently punishable (conspiracy), and criminal liability can attach long before actual execution begins. In contrast, German law applies the conspiracy to commit a crime (§ 30 StGB), taking a narrower approach.
Conclusion
The term Murder Conspiracy in the criminal law sense includes the planned and coordinated preparation of an act of killing by several persons. Criminal liability arises from acts of conspiracy, participation, and preparation, with § 30 StGB playing a central role. The assessment of a murder conspiracy always requires close examination of the elements of the offense, specific actions, and the intent of those involved. The legal situation differentiates between planning, attempt, and the actual commission of the offense, and takes into account both the protection of potential victims and mitigating circumstances for aiding in the investigation.
Further Provisions
- § 30 StGB (Attempt and Conspiracy)
- § 129 StGB (Formation of Criminal Organizations)
- § 211 StGB (Murder)
- § 25 ff. StGB (Perpetration and Participation)
Literature
- Fischer, Criminal Code and Related Laws, Commentary
- Lackner/Kühl, Criminal Code: Commentary
- Maurach/Schroeder/Maiwald, Criminal Law Special Part
Note: This is an overview. Details may differ in individual cases.
Frequently Asked Questions
What penalties apply for murder conspiracy under German criminal law?
Participation in a murder conspiracy can result in different legal consequences under German criminal law, depending on the stage of realization of the offense. If the murder conspiracy is considered an “attempted incitement to murder” (§ 30 paragraph 1 StGB, preparation of a crime), simply agreeing to commit murder is already punishable and can be penalized with imprisonment from one to ten years. If the offense enters the attempted stage, meaning the murder is not completed but one or more participants have already directly begun the act, the same sentencing ranges as for completed murder apply in accordance with § 211, § 212 in conjunction with § 22 and § 23 StGB, that is, life imprisonment, though mitigation is always possible for attempts (§ 23 paragraph 2 StGB). If the murder is actually committed, all participants are liable as perpetrators or co-perpetrators and may be sentenced to life imprisonment. Even those who were only supportive or organizationally involved in the planning can be held liable as co-perpetrators or for aiding and abetting, which affects the severity of the penalty. Particularly serious cases and the presence of aggravating elements of murder can also result in increased penalties.
Is the planning of a murder punishable even if no criminal act has taken place?
The mere planning of a murder—i.e., discussions, agreements, or entering into an arrangement to commit murder—already constitutes a punishable act under § 30 paragraph 2 StGB (conspiracy to commit a crime), even if the act has not yet reached the stage of an attempt. This means that the discovery of a murder conspiracy by the authorities can already lead to prosecution, even if no concrete execution steps have been taken. However, the prerequisite is that two or more persons explicitly agree to commit a crime (here: murder). In such cases, the penalty ranges from imprisonment between three months and five years, with the exact sentence depending on the circumstances of the individual case—such as the role of each participant, the stage of planning, and the motives.
To what extent can a person with knowledge of, or who supports, a murder conspiracy be held criminally liable?
A so-called ‘knowing bystander’ who gains specific knowledge of a murder conspiracy but does not actively participate is not automatically punishable in Germany, since mere awareness alone does not constitute criminal liability. However, it is different if the bystander provides assistance, helps plan the murder, offers advice, or furthers the crime. Such support can be prosecuted as aiding and abetting under § 27 StGB and is punishable by imprisonment or a fine. The decisive distinction is always between non-punishable knowledge and punishable participation. Merely knowing of a murder plan and, for example, remaining silent does not constitute participation, but under certain circumstances, liability can arise under § 138 StGB for not reporting planned crimes. This legal provision obliges anyone who reliably learns of a planned murder to inform the authorities; otherwise, imprisonment for up to five years or a fine may be imposed.
Are there privileged or mitigating circumstances regarding participation in a murder conspiracy?
German criminal law recognizes various privileged or mitigating circumstances. For example, according to § 24 StGB, withdrawal from an attempt can have a liberating effect from punishment if the participant actively and voluntarily prevents the planned murder. Early disclosure to the authorities that leads to prevention of the crime may also result in mitigation of, or even exemption from, punishment. Further mitigating factors are present if the participant played only a subordinate role, acted under pressure or duress, or rejected the crime for specific personal reasons. Courts also consider personal circumstances such as remorse, confession, or cooperative assistance with the authorities.
What is the difference between co-perpetration and aiding and abetting in a murder conspiracy?
Co-perpetration (§ 25 paragraph 2 StGB) exists when several people plan, direct, and carry out the crime together. Co-perpetrators have a joint decision to act and generally an “equivalent contribution to the crime.” In contrast, those who only act supportively—such as supplying information, providing vehicles, or offering logistical help—without playing a significant role in planning or execution are considered accomplices/participants under § 27 StGB. Co-perpetrators face the same penalties as the principal offender, while accomplices usually receive a reduced penalty. The precise classification depends on the intensity, responsibility, and importance of the participation in the murder conspiracy.
Is it possible to withdraw from a murder conspiracy and what are the consequences?
Withdrawal under German law is possible at various stages of the conspiracy and can result in exemption from, or mitigation of, punishment. Anyone who, after agreeing to commit murder (§ 30 paragraph 2 StGB), voluntarily and seriously distances themselves from the crime and actively contributes to ensuring the act is not carried out can be exempt from punishment under § 31 StGB. If the crime already constitutes an attempt, the participant must, according to § 24 StGB, contribute to preventing the act. This means the withdrawal must be voluntary and serious. Mere passive distancing is not enough; instead, active counteraction is required. If the crime is nevertheless committed, exemption from punishment is no longer possible for co-perpetrators and accomplices. In borderline cases, the court is obligated to consider the efforts to prevent the offense as mitigating in sentencing.
How is evidence established in a murder conspiracy?
Judicial fact-finding in uncovering a murder conspiracy is particularly complex, as such crimes typically occur in secrecy. Usually, investigative authorities rely on covert investigations, telecommunications surveillance, surveillance operations, and witness testimony. Statements from co-defendants or crown witnesses often provide initial leads. In court, all prerequisites for conviction, particularly a joint decision to act and concrete acts by the individual participants, must be proven beyond doubt. Evidence such as records of agreements, chat logs, or secretly recorded conversations may be crucial. The court is required to carefully and critically assess the evidence, as criminal liability for agreements and planning without execution depends especially on proof of the subjective element of the crime—that is, intent.
