General Criminal Law

Finding out that you are under criminal investigation in Germany can be extremely stressful - especially if you are from the United States and are not familiar with how the German legal system works. A police summons, a letter from the prosecutor, or even a simple notification that you are a "suspect" often raises urgent questions: Do I have to talk to the police? What are my rights? What could happen to me? Who can protect me here?

 

German criminal law works very differently from what many Americans know. In the area of general criminal law, a wide range of charges may arise - from assault or property offences to threats, coercion, forgery, and many others. Even if you are unsure what the accusation means or whether the authorities have the right person, you should not face the process alone.

We provide immediate, experienced legal support to help you understand the situation and protect your rights from the very beginning.

Our firm represents clients in every stage of the German criminal process: police questioning, search warrants, investigations, indictments, and court hearings. You will receive clear explanations, straightforward guidance, and a defence strategy tailored to your needs.

If you are being accused of any offence under German law - whether you live here permanently or are only visiting - we are here to stand between you and the authorities. We communicate on your behalf, prevent you from making statements that could harm your case, and work to achieve the best possible outcome.

In criminal cases, timing is critical.
The earlier you have a lawyer, the more options we have to influence the direction of the case.

If you have received a summons or believe you may be under investigation, contact us immediately so we can advise you on the next steps and protect your rights.

The general criminal law includes all penal laws in the German criminal code Strafgesetzbuch (StGB). In general, those kinds of crimes can be described as everyday crime and usually are not connected to white-collar crime. The usually occurring crimes in general criminal law are

  • coercion, § 240 StGB
  • embezzlement, 246 StGB
  • handling stolen goods, § 259 StGB
  • insurance fraud, § 265 StGB
  • illegal service acquisition, § 265a StGB
  • property damage, § 303 StGB.

Offenses regarding the falsification of documents (§§ 267 ff. StGB) in particular include

  • falsification of documents, § 267 StGB
  • falsification of automatic records, § 268 StGB
  • falsification of evidentially relevant data, § 269 StGB
  • indirect false authentication, § 271 StGB.

Other crimes in the economic section are

  • theft, § 242 StGB
  • robbery, § 249 StGB
  • extortion § 253 StGB
  • computer fraud § 263a StGB
  • subsidy fraud, § 265a StGB
  • credit fraud, § 265c StGB
  • circumvention of foreclosure, § 288 StGB
  • offences against free competition, §§ 298 ff. StGB
  • corruption/corruptibility in commercial practice, § 299 StGB
  • sabotage of computers, § 303b StGB
  • tax evasion, § 370 AO.

Further frequently occurring offenses are

  • false unsworn testimony, § 153 StGB
  • perjury, § 154 StGB
  • insult/defamation, §§ 185 ff. StGB
  • casting false suspicion, § 164 StGB.

Offenses regarding the public security are

  • road traffic crimes, §§ 315 ff. StGB, especially endangering road traffic traffic, § 315c StGB, and driving under the influence of drinks or drugs, § 316 StGB
  • illegally leaving the scene of an accident or hit and run, § 142 StGB.

The general criminal law also includes the following offenses:

  • murder and homicide, §§ 211 ff. StGB
  • assault and battery, §§ 223 ff. StGB
  • crimes connected to the duty of a public position, §§ 331 ff. StGB, for example granting/accepting an advantage, corruptibility
  • crimes against public authority, §§ 111 ff. StGB
  • crimes against public order, §§ 123 ff. StGB
  • crimes like misuse of titles and similar offenses, § 132 StGB
  • breach of confidentiality of the written and spoken word, § 201 StGB
  • receiving stolen data, § 202d StGB
  • violation of private secrets, § 203 StGB
  • unauthorized utilization of other persons secrets, § 204 StGB
  • data espionage and interception of data, §§ 202a, 202b StGB.

This list is not a terminal enumeration and just a variety of commonly occuring crimes. 

Have you received a notification of hearing from the police, a penalty order or an indictment? Do not hesitate and contact us by phone 004940 44 55 66 or send an e-mail to info@hanse-strafrecht.de. We will get in touch with you as swiftly as possible. 

 

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