If you recently relocated to Germany or are visiting for a period, there are various challenges you might have to deal with. One of these challenges is understanding the country’s criminal offences. Most people find themselves unintentionally breaking the law because they do not know what constitutes a crime in the country. Familiarising yourself with common offences can help you protect your rights better while also enabling you to navigate the legal systems more effectively. Consulting with a criminal lawyer can help you understand these laws better.
Similar to other countries, Germany has both misdemeanor and felony offences. The difference between the two lies in how serious the crime is and the sentence it carries. For the most accurate legal guidance, it’s recommended to consult with an experienced criminal lawyer who understands both categories of offenses. Let’s take a deeper dive into these offences to give you a better picture.
Misdemeanour Offences
In Germany, a misdemeanour offence refers to an offense which is lesser in degree than a crime and is most likely punishable by fine only instead of imprisonment. Below is a list providing insight into some legal infractions which can be outlined as misdemeanour offences in Germany:
Minor theft means stealing of property with a value of less than fifty pounds. It is still a crime, but it is regarded as a lesser offense in the German criminal justice system – one subject to fines and short term imprisonment.
Assault can fall under both the category of a misdemeanour as well as a felony offence. In case it is a misdemeanor, it entails that the assaulted party did not sustain any serious or protracted damage, only minor physical confrontations form a part of it.
Property damage, in this case a person’s property which has been damaged intentionally, is also a misdemeanour. This can encompass common acts of vandalism, graffiti and defacement.
Another misdemeanour includes driving without a valid licence and it might also be committed while under influence of alcohol or drugs. Nonetheless, if it results in the harm or death of another person, it escalates into a felony. First time offenders are likely to receive a lenient sentence whereas repeat offenders are given a severe sentence.
Trespassing refers to the unlawful entry into someone’s house property or domain for the purpose of remaining. More often than not it will attract a punishment in the form of fines or a jail term of a few months.
In Germany, frauds or other less serious deceptions associated with small amounts of money are considered misdemeanors. As an example, when a small business owner engages in petty fraud, the sanction would only be a monetary payment.
Some other instances of misdemeanors are driving without driving license, shoplifting, negligent bodily injury, forgery and tax evasion. The punishment, as it has been already pointed out, ranges from monetary fines to imprisonment for a brief period. Even in relatively lighter cases the involvement of a criminal lawyer often changes the result of the case.
Felonies
Felonies in Germany are the most serious crimes that attract a minimum penalty of 1 year or more in prison. Some examples of felonies include the following:
There are three categories of homicide. Murder which involves illegal killing, with possible premeditation; manslaughter which is the accidental killing of a person, without premeditation; and infanticide where a mother kills her child.
There are two categories of offenses – rape and sexual abuse of children. Rape is characterized by any forced actions involving violence or threats when the victim is unable to resist. On the other hand, sexual abuse of children involves engaging in activities, with minors.
There are two types of robbery; robbery and aggravated robbery. Regular robbery involves theft, with the use of violence or the threat of violence to obtain the desired items. Aggravated robbery occurs when a weapon is used or when the victim suffers harm during the course of the robbery.
Causing physical harm is divided into two categories; aggravated assault and assault with a weapon. Aggravated assault involves causing injury that results in lasting harm or disfigurement to another person.If a weapon or a dangerous object is used in the act the charges escalate to assault with a weapon. In situations like these it is vital for the accused to have prompt legal representation, from an experienced criminal defense lawyer to safeguard their rights.
Arson refers to the deliberate torching of a structure, building or vehicle. If the lives of other people or critical infrastructure is endangered, the crime will be classified as aggravated arson.
Further examples of felonies are drug trafficking, terrorism, human trafficking, fraud and counterfeiting. Each of these offenses varies in seriousness and carries different penalties (in terms of years served). Imprisonment is the common punishment, especially if the crime is violent. However, some less violent ones, like fraud, can be reduced to a misdemeanour (perhaps, with the help of a skilled criminal lawyer) which can attract only fines or shorter prison sentences.
Overview of Criminal Law Procedures in Germany: What Your Criminal Lawyer Should Know
The criminal procedures in Germany are governed primarily by the German Code of Criminal Procedure (commonly abbreviated to StPO). This StPO is what outlines the next steps that follow from the investigation to the punishment/sentencing.
It all starts with the investigation. When the police suspect you have committed a crime, they will initiate an investigation. The public prosecutor is the central figure in criminal proceedings and is the one who determines whether to file charges or not. Of course, that would depend on what they find out during the investigation.
If there is a risk of flight, suppression of evidence or reoffending, the suspect may be subjected to pre-trial detention. Then comes the trial phase, where the case is mentioned in court. Misdemeanours are presented in local courts, while serious crimes are tried in ordinary courts. An experienced criminal lawyer can significantly impact the case’s outcome during these proceedings.
Once the sentencing is done, and the offender disagrees with the verdict, they – together with their criminal lawyer – may appeal in the higher regional court or the federal court of justice.
Conclusion
The German criminal law categorises offences into misdemeanours and felonies. It is essential to familiarise yourself with some of these common crimes to help you navigate the criminal justice system more effectively. Check the guide above to learn about some of the offences.
