Criminal Offences and Criminal Procedure in Germany
A criminal offence is any behaviour fulfilling the elements of a criminal statute and thus punishable under law. Criminal offences are defined primarily by the German Criminal Code (StGB).
Types of Criminal Offences
The StGB distinguishes between:
- • Felonies (Verbrechen) – serious offences punishable by at least one year of imprisonment.
- • Misdemeanours (Vergehen) – less severe offences punishable by fines or shorter prison terms.
Criminal acts carry a social and ethical stigma — the offender’s behaviour is considered morally blameworthy. This distinguishes them from administrative offences (Ordnungswidrigkeiten), which are punished only by fines and reflect a lower degree of guilt or unlawfulness.
The Structure of Criminal Proceedings
German criminal procedure is divided into two main phases:
- • The adjudicatory phase (Erkenntnisverfahren)
- • The enforcement phase (Vollstreckungsverfahren)
1. Adjudicatory Phase
The purpose of the adjudicatory phase is to determine whether the accused has committed a criminal offence. It consists of three procedural steps:
- • Preliminary investigation (§§ 160–177 StPO): The public prosecutor (usually through the police) investigates whether sufficient suspicion exists to bring charges. If not, the case is closed. Otherwise, the prosecutor files an indictment under § 170 (1) StPO.
- • Intermediate proceedings (§§ 199–211 StPO): The court examines whether sufficient suspicion exists. If not, it refuses to open the main trial; if so, it opens proceedings.
- • Main trial (§§ 213–358 StPO): The central stage, in which the defendant’s guilt is examined. It culminates in a judgment under § 260 StPO.
After the main trial, appeal proceedings (Rechtsmittelverfahren) may follow under §§ 296 ff StPO.
2. Enforcement Phase
If the defendant is convicted, the enforcement procedure (§§ 449–463d StPO) begins. This phase implements the judgment — such as imprisonment, fines or other sanctions.
Legal Assistance and Defence
Throughout all stages, the accused (Beschuldigter) has the right to a defence lawyer. The lawyer ensures procedural rights are upheld and provides representation in investigations, trials and enforcement matters.
Contact our Criminal Defence Lawyers in Frankfurt
Contact us – your English-speaking criminal defence lawyers in Frankfurt and throughout Germany:
- • Dr. Caroline Jacob, Lawyer, Specialist in Criminal Law
- • Frank M. Peter, Lawyer, Specialist in Criminal Law
- • Of Counsel: Prof. Dr. Frank Peter Schuster
- • Cooperation Partner: Tax Consultant and Former Tax Investigator Frank Wehrheim
Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years, defending clients nationwide in criminal law and white-collar crime.
Phone: +49 69 710 33 330
Email: kanzlei@dr-buchert.de
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