Collateral consequences

Collateral consequences are further legal consequences that the law attaches to a conviction. They come in addition to the main penalty, that is to a fine or a prison sentence, and are distinct from it. Anyone who looks only at the sentence often overlooks the part of the judgment that changes daily life the most.

The German Criminal Code sets out several categories. They include a driving ban under section 44 StGB, withdrawal of the driving licence with a bar on reissue under sections 69 and 69a StGB, and the loss of the capacity to hold public office and to be elected under section 45 StGB. Further consequences follow from other statutes, for example in firearms law or residence law.

The criminal court decides on the consequences contained in the judgment. Permits, licences and questions of reliability are decided by administrative authorities, such as the driving licence authority or the firearms authority. For those affected this means two separate procedures, each with its own deadlines, standards and remedies.

The following guides explain the individual areas in context: withdrawal of the driving licence and the route to a new one, firearms reliability after a conviction, and how enforcement proceeds. This is general information on criminal proceedings and does not replace advice on an individual case.