Substantive German Criminal Law

Sun, 05 Jul 2026 00:00:00 +0000

Sources and the Basic Law Framework

German criminal law (Strafrecht) is codified in the Strafgesetzbuch (StGB), which traces its origins to the Criminal Code of the German Empire of 1871 (Reichsstrafgesetzbuch), substantially reformed in 1975 and amended numerous times since. The StGB is divided into a General Part (Allgemeiner Teil, §§ 1-79b) and a Special Part (Besonderer Teil, §§ 80-358). The General Part sets out fundamental principles, the structure of liability, theories of punishment, rules on attempt, participation, and the system of sanctions. The Special Part defines specific offences, generally organised by the legal interest (Rechtsgut) protected. Constitutional constraints are paramount: Article 103(2) of the Basic Law (Grundgesetz, GG) codifies the principle of nulla poena sine lege, requiring that an act be declared punishable by law before it was committed. Article 1(1) GG guarantees human dignity, which the Federal Constitutional Court (Bundesverfassungsgericht) has held requires that punishment be proportionate and respect the offender’s personhood.

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Substantive German Criminal Law

Sources and the Basic Law Framework