Definition and legal basis: Persons under protection, abuse of
Under the term Abuse of persons under protection is understood in German criminal law as a specific criminal offense codified in Section 225 of the Criminal Code (StGB). It protects the physical and psychological integrity of particularly vulnerable persons who are in a custody or care relationship. The criminal provision serves the special protection of persons who, due to their age, physical or mental infirmities, or within a relationship of dependency, cannot protect themselves or can only do so to a limited extent.
Wording of Section 225 StGB
Section 225 paragraph 1 StGB reads in part as follows:
Anyone who torments or cruelly abuses a person under his or her care or custody or, through malicious neglect of the duty of care, puts them in danger of significant harm to their physical or psychological development, shall be punished by imprisonment for six months to ten years.
The second paragraph regulates particularly severe cases, which may result in a prison sentence of one to fifteen years.
Elements of the offense of abuse of persons under protection
The provision in Section 225 StGB consists of several elements that must cumulatively be present for criminal liability to arise.
Category of persons under protection
Als Persons under protection are considered to be those who, as a result of a relationship of custody, guarantee, or care, cannot protect themselves or can only do so to a limited extent. Persons under protection specifically include:
- Minors (Section 225 para. 1 no. 1 StGB), such as children and adolescents, particularly in relation to parents, foster parents, guardians, caregivers, and teachers.
- Persons who, due to infirmity or illness, are under the care of others (Section 225 para. 1 no. 2 StGB). This includes, for example, adults in need of care or elderly people in care facilities.
The decisive factor is always the existence of a special dependency relationship, which may arise from family ties, a contractual relationship (e.g., a care contract) or statutory care relationships.
Category of perpetrators
Perpetrators of abuse of persons under protection can only be those to whom the persons under protection are entrusted for upbringing, care, supervision, or custody. This includes, in particular, parents, guardians, educators, caregivers, teachers, or nursing staff. An essential requirement is that there is a relationship of custody or duty of care between perpetrator and victim.
Acts constituting the offense
The law distinguishes between three main forms of acts constituting the offense:
- Tormenting: Causing severe physical or psychological pain or suffering over a prolonged period or repeatedly.
- Cruel abuse: Physical abuse with significant cruelty, i.e., with an indifference to the well-being of the person under protection that goes beyond ordinary neglect.
- Malicious neglect of the duty of care: Deliberate, stubborn, or base-motive neglect of necessary care or acts of support, whereby a concrete danger of significant harm to the physical or psychological development is brought about.
Distinction from other criminal offenses
Die Abuse of persons under protection is distinguished from other offenses of bodily injury, especially simple and severe bodily injury (Sections 223 et seq. StGB), by the requirement of a special relationship of custody and by a higher degree of wrongdoing due to the exploitation of vulnerability.
Not every bodily injury or neglect automatically results in criminal liability under Section 225 StGB. If a custody relationship cannot be established, only other offenses of bodily injury may be considered. If such a relationship exists, Section 225 StGB takes precedence over general offenses due to the greater degree of protection.
Qualifying circumstances and sentencing framework
Special sentencing framework of Section 225 StGB
The basic offense provides for a prison sentence of six months to ten years. In particularly severe cases, especially those involving serious injury, prolonged torment, or the death of the victim, the penalty increases to one to fifteen years’ imprisonment (Section 225 paras. 3 and 4 StGB).
Particularly severe cases
Cases are considered particularly severe if, through the act, the victim
- is placed in mortal danger,
- suffers serious injury to health, significant harm to physical or psychological development, significant disfigurement, or substantial impairment of physical functions,
- or dies as a result of the act.
Attempt and completion
An attempt to abuse a person under protection is also punishable (Section 225 para. 2 StGB in conjunction with Section 23 StGB). Completion occurs upon commission of the act, meaning that a serious consequence or injury does not necessarily have to occur in order to fulfill the offense.
Concurrent offenses and relationship to other regulations
Section 225 StGB takes precedence over other offenses if a relationship of protection exists. Nevertheless, if other offenses such as sexual abuse, deprivation of liberty or homicide offenses are present, so-called concurrence (simultaneous or multiple offenses) may arise, potentially resulting in multiple liabilities.
Procedural particularities
Criminal prosecution
Section 225 StGB constitutes an official offense, meaning that prosecution is carried out ex officio and does not depend on the filing of a complaint. Investigative authorities are obligated to prosecute if appropriate indications are available.
Ability to testify as a witness
In cases of abuse of persons under protection, witnesses are often minors or persons with impairments. Special criminal procedural protective measures, such as hearings by trained professionals or the avoidance of confrontation with the alleged perpetrator, are applied.
Protection of children, persons in need of care and helpless persons
The provision in Section 225 StGB reflects a central concern of the rule of law, namely to effectively protect particularly vulnerable members of society. In connection with child protection laws, guardianship law, and the placement in care facilities, the provision forms an important pillar in the legal prevention and sanctions system against violence and abuse.
International references and conventions
Internationally, the protection of persons under protection, particularly children, is also regulated in various conventions such as the UN Convention on the Rights of the Child or the European Convention on Human Rights Germany has committed itself, through implementation of these conventions, to the particular respect and enforcement of the protection of minors and vulnerable persons.
Summary
Die Abuse of persons under protection according to Section 225 StGB constitutes an independent criminal offense, carrying severe penalties, that ensures the effective protection of particularly vulnerable persons from physical and psychological abuse by those entrusted with their care. The provision applies in a variety of family, educational, and caregiving contexts and aims at comprehensive enforcement of both preventive and repressive measures for the protection of the weakest members of society.
Frequently Asked Questions
What legal consequences result from abuse of persons under protection?
The abuse of persons under protection is a particularly serious criminal offense under German law, prosecuted pursuant to Section 225 of the German Criminal Code (StGB). The offense includes acts whereby persons who bear a special duty of protection towards children, adolescents, or other persons under protection physically or psychologically abuse them, endanger them through malicious neglect of their duty of care, or substantially harm their development. The statutory penalty generally ranges from six months to ten years’ imprisonment, and in particularly serious cases up to fifteen years (e.g., where abuse results in death). In sentencing, the extent of the act, the severity of the abuse, and the vulnerability of the victim are taken into account. Failures in supervision may also be punishable if they lead to or enable abuse. The court always assesses on a case-by-case basis whether the perpetrator acted deliberately or negligently and whether the relationship of dependency was especially exploited.
Who is legally considered a “person under protection” within the meaning of the Criminal Code?
Legally, “persons under protection” are in particular those who, due to their age, state of health, or by special designation, have been entrusted to another for care, upbringing, or custody. This typically includes children, adolescents, but also adults who are in need of care or supervision, for example, in nursing homes or facilities for people with disabilities. Pupils in relation to teachers or minor trainees in relation to their trainers also count as persons under protection within the meaning of the law. The decisive factor is whether there is an actual relationship of care, custody, or upbringing that establishes the standard of protection under Section 225 StGB.
What types of acts are considered “abuse”?
In legal terms, “abuse” includes both physical and psychological violence against persons under protection. This ranges from beatings and other forms of physical coercion to the infliction of pain and psychological cruelty, such as humiliation, intimidation, systematic neglect, or isolation. Even the omission of necessary care in dangerous situations is considered abuse if there is a duty of care. The severity and duration of the abuse are also decisive for sentencing.
How do the elements of the offense of abuse of persons under protection differ from other bodily injury offenses?
The offense of abuse of persons under protection (Section 225 StGB) is distinguished by the special protective relationship between perpetrator and victim from general bodily injury offenses (Sections 223 et seq. StGB). The provision protects not only against physical harm but also against serious psychological harm, neglect, and endangerment of development. It also covers acts or omissions that are directly linked to the duty of care. Therefore, the group of perpetrators is limited to those who have a special duty of care and custody towards the victim.
Is there a special obligation to prosecute upon indications of such an offense?
Yes, indications of abuse of persons under protection are of the highest legal relevance and can give rise to a duty to report, especially for people who work professionally with persons under protection (e.g., teachers, doctors, nurses). In certain cases, they are even required under Section 138 StGB to report planned or already committed acts of abuse of a certain severity. In addition, institutions have reporting obligations to the competent authorities, such as the youth welfare office. Failure to do so may result in professional consequences or even criminal liability for failure to provide assistance or aiding and abetting by omission.
Can institutions or legal entities also be held liable?
While the offense of abuse of persons under protection is generally directed at natural persons who are personally entrusted with care or custody, institutions or legal entities (e.g., operators of care homes or schools) can also be held civilly liable in the event of organizational fault. If abuse occurs due to poor organization, lack of supervision, or poor staff selection, victims may bring claims for damages and compensation for pain and suffering. In addition, measures under labor and supervisory law may be taken against responsible individuals in the organization.
How do offenses related to abuse of persons under protection become time-barred?
Offenses under Section 225 StGB are subject to a statute of limitations, which depends on the respective maximum penalty threatened. For simple cases, the limitation period is ten years, while in particularly serious cases, such as with fatal outcomes, the limitation period is twenty years (Section 78 StGB). In addition, a so-called “suspension rule” applies for minor victims: the statute of limitations normally does not begin to run until the victim reaches the age of 30 (Section 78b para. 1 no. 1 StGB), in order to allow late reporting of abuse and to give victims time to process the events.
