Highlights of the StGB Special Part

The Special Part (Besonderer Teil) of the German Criminal Code (StGB) defines specific criminal offences, organised into sections corresponding to the legal interests (Rechtsgüter) they protect. The Special Part covers sections 80 to 358 StGB and includes offences against the person, property, public order, and the state. The offences are systematically structured, with general definitions supplemented by qualified and privileged variants. German criminal law doctrine analyses each offence through the three-stage structure of actus reus, unlawfulness, and fault established in the General Part.

Homicide Offences

Murder (Mord) under section 211 StGB is the most serious homicide offence, carrying a mandatory sentence of life imprisonment. The definition of murder requires that the killing be motivated by one of the qualifying characteristics (Mordmerkmale): racial or religious hatred, sexual motivation, greed, or other base motives; or that the killing be committed with cruelty, by means of a dangerous instrument, by subterfuge, or to facilitate or conceal another offence. Manslaughter (Totschlag) under section 212 StGB is the residual homicide offence, covering intentional killings that do not satisfy the murder characteristics. The punishment for manslaughter is imprisonment for not less than five years. Negligent homicide (Fahrlässige Tötung) under section 222 StGB punishes causing death through negligence. The distinction between murder and manslaughter is one of the most debated areas of German criminal law, with the Federal Court of Justice developing extensive jurisprudence on the interpretation of the murder characteristics. Killing on request (Tötung auf Verlangen) under section 216 StGB is a privileged offence where the victim expressly and seriously requests to be killed; the punishment is reduced.

Bodily Harm Offences

Bodily harm (Körperverletzung) is governed by sections 223–231 StGB. Section 223 StGB defines the basic offence of causing physical harm or impairing the health of another person. The offence is punishable by imprisonment for up to five years. Dangerous bodily harm (Gefährliche Körperverletzung) under section 224 StGB covers harm inflicted by a dangerous instrument, by a group, by a life-threatening attack, or by means of a treacherous act. Serious bodily harm (Schwere Körperverletzung) under section 226 StGB applies where the victim loses an eye, hearing, speech, or reproductive capacity, or suffers permanent disfigurement or a persistent serious illness. Bodily harm resulting in death (Körperverletzung mit Todesfolge) under section 227 StGB is a result-qualified offence carrying a higher penalty. Consent (Einwilligung) may justify bodily harm under certain conditions, but consent to serious harm is generally ineffective. The courts have developed detailed rules on the validity of consent in the context of medical treatment, sports, and other socially acceptable activities.

Theft and Related Offences

The core property offence is theft (Diebstahl) under section 242 StGB: taking a movable thing not owned by the taker with the intent of appropriating it. The offence requires the taking to be done without the consent of the owner and with the intent to deprive the owner permanently of the property. Aggravated theft (Besonders schwerer Fall des Diebstahls) under section 243 StGB includes theft from a closed building, theft of a controlled weapon, theft using a key or other tool to open a lock, and theft by a gang. Robbery (Raub) under section 249 StGB combines theft with the use of force or threats of imminent danger to life or limb. Section 244 StGB defines theft with weapons and gang theft as further aggravated forms. Receiving stolen goods (Hehlerei) under section 259 StGB punishes the acquisition, sale, or facilitation of sale of property obtained through a criminal offence against property. The distinction between theft and receiving is important because the receiver must know or intend that the property was obtained through criminal conduct.

Fraud and Economic Offences

Fraud (Betrug) under section 263 StGB is defined as causing a person to act to their economic detriment by creating or confirming a false impression of fact with the intent of obtaining an unlawful material advantage. The offence requires a causal chain: the deception must cause the victim to make a mistake, which causes a disposition of property, which causes economic loss, and the offender must act with intent to obtain an unlawful material advantage. Computer fraud (Computerbetrug) under section 263a StGB extends the fraud concept to manipulation of data processing systems. Subsidy fraud (Subventionsbetrug) under section 264 StGB specifically targets false statements made to obtain public subsidies. Investment fraud (Kapitalanlagebetrug) under section 264a StGB prohibits false statements in prospectuses for securities or investments. The German law of fraud is characterised by the requirement that the deception relate to facts (Tatsachen) rather than mere value judgments, and by the requirement that the victim suffer an actual economic detriment.

Criminal Damage

Criminal damage (Sachbeschädigung) under section 303 StGB prohibits the destruction, damage, or alteration of another person’s property. The offence requires that the property be damaged or destroyed in a manner that impairs its usefulness, and that the offender act intentionally. Unauthorised use of a vehicle (Unbefugter Gebrauch eines Fahrzeugs) under section 248b StGB is a separate offence covering the taking of a motor vehicle without intent to deprive the owner permanently. Data damage (Datenveränderung) under section 303a StGB and computer sabotage (Computersabotage) under section 303b StGB extend the criminal damage concept to digital property. The offence of criminal damage is less severely punished than theft, reflecting the distinction between appropriating property and merely damaging it. The offence is a relative complaint offence (Antragsdelikt) for less serious cases: prosecution requires a complaint by the victim unless the public interest in prosecution is particularly strong.

Drug Offences

Drug offences are primarily governed by the Narcotics Act (Betäubungsmittelgesetz, BtMG) rather than the StGB itself. The BtMG criminalises the unauthorised cultivation, production, trade, possession, and distribution of controlled substances. The structure of the BtMG distinguishes between different categories of substances and different levels of seriousness. Minor cases may be prosecuted only if the public interest requires it, and the principle of opportunity (Opportunitätsprinzip) gives prosecutors discretion to decline prosecution for small quantities of cannabis intended for personal use. The Federal Constitutional Court has held that criminal penalties for possession of cannabis are constitutionally permissible but that the legislature must regularly review whether the prohibition remains proportionate. The BtMG also provides for the forfeiture of proceeds from drug trafficking and for the treatment of drug-addicted offenders as an alternative to punishment. The interaction between the BtMG and the StGB’s General Part, particularly the rules on attempt, participation, and sentencing, is governed by the general principles of German criminal law.

Traffic Offences

Traffic offences are governed by the StGB and the Road Traffic Act (Straßenverkehrsgesetz, StVG). The most important traffic offences include dangerous interference with road traffic (Gefährlicher Eingriff in den Straßenverkehr) under section 315b StGB, endangering road traffic (Gefährdung des Straßenverkehrs) under section 315c StGB, and driving without a licence (Fahren ohne Fahrerlaubnis) under section 21 StVG. Driving while intoxicated (Trunkenheit im Verkehr) under section 316 StGB criminalises driving with a blood alcohol concentration of 0.05 per cent or higher if the driver is unable to drive safely, or 0.11 per cent in the absence of additional signs of impairment. The offence of hit and run (Unerlaubtes Entfernen vom Unfallort) under section 142 StGB requires a driver involved in a traffic accident to remain at the scene to enable the identification of the persons involved and the circumstances of the accident. Traffic offences are frequently prosecuted and represent a significant portion of the caseload of German criminal courts. The interaction between criminal liability and administrative sanctions, including fines, licence suspension, and demerit points, creates a comprehensive regulatory framework for road safety.