Definition and Explanation of the Term: Ancillary Criminal Laws
Ancillary criminal laws are legal norms outside the German Criminal Code (StGB) that provide for criminal sanctions for certain unlawful behaviors. They include all provisions outside the StGB containing elements of criminal offenses or criminal procedural regulations. Ancillary criminal laws exist in nearly all areas of public law and serve to provide criminal protection beyond core criminal law. For example, in environmental law, traffic law, and commercial law, ancillary criminal laws are used to specifically protect certain legal interests in societal life.
Distinction from the German Criminal Code (StGB)
The German Criminal Code (StGB) forms the so-called core criminal law and contains the general principles of criminal law as well as the classic categories of offenses, such as homicide, bodily injury, property, and financial offenses. In contrast, ancillary criminal laws define criminal offenses in specialized legal areas outside the StGB. They usually address specific interests requiring protection that are not directly encompassed by general criminal law.
Distinction from Regulatory Offenses
Ancillary criminal laws must be differentiated from mere regulatory offenses. While regulatory offenses are punished only with a fine, offenses under ancillary criminal laws carry higher sanctions, such as fines and imprisonment. Especially in specialized legal areas, the distinction between a criminal offense and a regulatory offense is crucial for the applicable procedure and the range of sanctions.
Types and Typical Areas of Application of Ancillary Criminal Laws
Ancillary criminal laws are found in numerous statutes and regulations. The most important areas of application are explained below.
Environmental Law and Ancillary Criminal Laws
In environmental law, numerous statutes with criminal sanctions serve to protect environmental assets. Examples include:
- Federal Immission Control Act (BImSchG)
- Circular Economy Act (KrWG)
- Water Resources Act (WHG)
- Federal Nature Conservation Act (BNatSchG)
Violations such as unauthorized discharge of substances into bodies of water or the illegal disposal of waste are often prosecuted as criminal offenses.
Economic and Tax Criminal Law
In commercial life, ancillary criminal laws ensure compliance with fundamental rules in trade and finance. These include:
- Commercial Code (HGB)
- Securities Trading Act (WpHG)
- Banking Act (KWG)
- Act Against Unfair Competition (UWG)
- Insolvency Code (InsO)
- Fiscal Code (AO; Tax Criminal Law)
Especially in tax law, numerous criminal offenses such as tax evasion are defined, which may be punished with a fine or imprisonment.
Traffic Law
The Road Traffic Act (StVG), Road Traffic Regulations (StVO), and Motor Vehicle Insurance Act contain not only provisions on regulatory offenses but also criminal law norms. For example, unauthorized leaving of the scene of an accident (§ 142 StGB) and driving without a license (§ 21 StVG) are key offenses.
Pharmaceutical and Narcotics Law
The Medicines Act (AMG) and Narcotics Act (BtMG) contain numerous criminal offenses. Unauthorized handling of prescription medicines or narcotics is regularly subject to severe penalties.
Labor and Social Law
Ancillary criminal laws also exist in labor and social law. Typical provisions include:
- Act to Combat Illegal Employment
- Social Code (in particular, fraud offenses in connection with social benefits)
Systematic Classification and Significance of Ancillary Criminal Laws
To ensure the functioning of sovereign, economic, and social processes, ancillary criminal laws are deliberately situated outside of core criminal law. They allow the legislature to criminalize particularly protected areas specifically and to meet the particular requirements of these regulated areas.
Structure and Organization of Norms
Ancillary criminal laws are often structured as so-called blanket provisions or reference regulations. This means that criminal law norms in special statutes refer to the requirements of other paragraphs and are thus linked to various statutory provisions.
Penalties and Sanctions
The severity of penalties threatened in ancillary criminal laws varies significantly. While some offenses are subject to moderate fines, serious violations may carry severe prison sentences, for instance in the area of the Narcotics Act. As a rule, the general criminal law applies to procedure, sentencing, and enforcement, although individual procedural provisions may be designed differently.
Practical Significance in Criminal Law
Ancillary criminal legislation is of considerable relevance in practice. A large proportion of convictions relevant to criminal law arise from violations of ancillary criminal laws—particularly in the field of tax and environmental criminal law. The related provisions are sometimes complex and contain numerous references, making the application and interpretation of the law challenging.
Relationship to Ancillary Criminal Law and Regulatory Offenses Law
The term “ancillary criminal laws” is used synonymously with the term “ancillary criminal law.” While ancillary criminal law describes the entire area of criminal provisions located outside the StGB, an ancillary criminal law refers to a particular specific norm or regulation. In contrast, regulatory offenses law is governed by the Regulatory Offenses Act (OWiG) and is subject to its own system of sanctions.
Legislative History and Current Developments
The ancillary criminal legislation is subject to continuous change. New areas requiring regulation—such as those arising from technological or societal change—are regularly criminalized through new versions or enactments of ancillary criminal laws. For example, in the area of data protection, following the entry into force of the GDPR, specific criminal provisions have been implemented. There have also been intensified legislative amendments in environmental and food law to combat violations.
Summary
Ancillary criminal laws are an integral part of the German criminal law system and serve to protect specific legal interests outside the core criminal law of the Criminal Code. They are found in numerous specialized legal areas and are indispensable for the sanctioning of complex and developing subject matters. Ancillary criminal laws are characterized by differentiated factual requirements, special sanctioning frameworks, and numerous references. Their significant practical importance is reflected in numerous criminal proceedings and judgments. The development of ancillary criminal laws is also shaped by social and technological changes, making them a dynamic field of criminal law.
Frequently Asked Questions
What role do ancillary criminal laws play in the German criminal law system?
Ancillary criminal laws are legal norms enacted outside the Criminal Code (StGB), which provide for criminal sanctions for certain, often particularly situated circumstances. Unlike core criminal law, which is codified in the StGB and regulates fundamental offenses such as theft, fraud, or bodily harm, ancillary criminal laws contain offenses situated in specialized legal areas such as environmental law, economic law, tax law, pharmaceutical law, or road traffic law. Their role is mainly to afford special protection—e.g., the environment, the integrity of competition, road traffic safety, or public health—through criminal sanctions. Application of these laws always occurs in conjunction with the general rules of criminal law (e.g., intent, negligence, punishment, and attempt), so ancillary criminal laws functionally expand the criminal law system and adapt it to new societal challenges.
How are crimes under ancillary criminal laws prosecuted?
The prosecution of acts sanctioned by ancillary criminal laws generally follows the same procedural rules as prosecution of offenses under the StGB. This includes the general investigative and criminal procedures under the Code of Criminal Procedure (StPO). However, investigations are often conducted by specialized agencies such as customs, environmental authorities, or the Federal Office for Economic Affairs and Export Control (BAFA), in coordination with the public prosecutor’s office—especially when it concerns offenses in tax law, environmental protection, or foreign trade law. The public prosecutor, however, retains control of the procedure, leads investigations, initiates charges, and is responsible for prosecution in court. The legality principle also applies to ancillary criminal laws: law enforcement authorities are obliged to investigate any initial suspicion.
Are there differences in penalties between the StGB and ancillary criminal laws?
Yes, the penalties provided for in ancillary criminal laws can differ significantly from those in the StGB—both in terms of the range of possible punishments and their severity. While the StGB prescribes prison sentences of up to five years for many offenses, many ancillary criminal laws are limited to imposing fines or allow for imprisonment only in severe cases. Some ancillary criminal laws also provide for warnings or other special legal consequences such as occupational bans, confiscation of instrumentalities, or corporate fines. The prevailing penalty is always that specified in the relevant ancillary criminal law.
To what extent do mistake provisions apply to ancillary criminal laws?
The general provisions regarding mistakes in criminal law—especially mistake of fact and mistake of law under §§ 16 and 17 StGB—apply without restriction within the scope of ancillary criminal laws. In practice, mistakes of law are particularly important where ancillary criminal laws are highly specialized and complex (such as tax or environmental law). A lack of awareness that one’s conduct is unlawful or prohibited may, if unavoidable, lead to exemption from punishment; however, high standards of due diligence apply here, as experts or business operators are expected to be more thoroughly informed about the applicable legal situation.
Are attempt and participation in offenses under ancillary criminal laws punishable?
Whether attempt and participation (incitement and aiding and abetting) in an act punishable under ancillary criminal laws are themselves punishable depends primarily on the will of the legislature. In principle, §§ 22 et seq. StGB (attempt) and §§ 26, 27 StGB (participation) also apply to ancillary criminal laws, unless the respective law contains express special provisions. It must be examined whether the ancillary criminal law expressly makes attempt a punishable offense or—such as in the case of pure regulatory offenses—only covers completed offenses.
How do ancillary criminal law and regulatory offenses relate to each other?
Ancillary criminal laws often also contain provisions for punishing regulatory offenses. While elements of an offense are aimed at culpable, particularly reprehensible behavior and are subject to classic criminal law sanctions (fine, imprisonment), the provisions on regulatory offenses usually address less serious violations for which fines or other milder sanctions are provided. The distinction can sometimes be difficult and requires careful statutory interpretation. The respective legal consequences are governed by §§ 1 et seq. OWiG (Regulatory Offenses Act). In certain cases, the same behavior may qualify both as a regulatory offense and as a crime under an ancillary criminal law, so the exact classification by authorities and courts is of central importance.
