Attorney Elger-Günther standing at the meeting room window holding a case file, looking out.

Guide

Guide to criminal proceedings

Explanations of the questions that arise first in criminal proceedings: pre-trial detention, searches, penal orders, costs, interpretation. General information, not advice on an individual case.

Topics

InvestigationWarenbetrug: what penalty you face after a report from an online saleWhat range § 263 StGB sets for Warenbetrug, where the difference from a civil dispute lies, what Computerbetrug means and what a repayment achieves.11 August 2026 · 9 minute read
Collateral consequencesConviction and waffenrechtliche Zuverlässigkeit: what happens to the permitThe Waffenbehörde decides about the permit, not the criminal court. Why the number of Tagessätze counts under weapons law and what a revocation sets in motion.10 August 2026 · 10 minute read
BusinessVermögensarrest: why the account is blocked and which routes existVermögensarrest under § 111e StPO: why accounts are blocked and vehicles seized, what is confiscated, when third parties are affected and which remedies exist.9 August 2026 · 10 minute read
InvestigationLimitation of criminal offences: when an offence may no longer be prosecutedWhich periods § 78 StGB sets, when they begin, why any examination can interrupt them and why a period you have calculated yourself is worth little.8 August 2026 · 9 minute read
TrialCriminal record in Germany and the FührungszeugnisYou have a criminal record once the conviction is entered in the Bundeszentralregister. Whether it also shows in the Führungszeugnis is another question.8 August 2026 · 8 minute read
BusinessSubventionsbetrug: what penalty you face if details in a funding application were wrongWhat § 264 StGB sets for Subventionsbetrug, why gross negligence is punishable, what subventionserhebliche Tatsachen are and what applies during a review.7 August 2026 · 8 minute read
InvestigationForgery of documents: when is signing someone else's name a crime?Forgery under § 267 StGB turns on who appears to have issued a document, not on whether its contents are true. The penalties and the neighbouring offences.7 August 2026 · 8 minute read
InvestigationWithdrawing a report: why only the Strafantrag can be taken backWhy a Strafanzeige cannot be taken back, which offences need a Strafantrag, how withdrawing one works and what applies to you as a witness afterwards.6 August 2026 · 10 minute read
InvestigationPre-trial detention in Germany: what family can doSomeone close to you is in Untersuchungshaft. What counts in the first hours, who is given information, and how Haftprüfung and Haftbeschwerde fit together.6 August 2026 · 8 minute read
TrafficNötigung in road traffic: what penalty tailgating and braking to obstruct carryWhat § 240 StGB sets for Nötigung in traffic, when a manoeuvre becomes an offence, where the Ordnungswidrigkeit ends and what happens to the Fahrerlaubnis.5 August 2026 · 9 minute read
TrafficHit and run in Germany: penalties and what counts nowDrove on after scraping a parked car in Germany? What § 142 StGB requires, the penalty range, what the 24 hours mean and why your licence is at stake.5 August 2026 · 8 minute read
InvestigationNachstellung under § 238 StGB: what penalty it carries and what protection the law providesWhat § 238 StGB sets for Nachstellung, what the statute requires, why criminal and Gewaltschutz proceedings are separate, and what rights injured people have.4 August 2026 · 9 minute read
TrafficDrink driving in Germany: when do you get your licence back?After a drink driving offence in Germany: provisional withdrawal, the Sperre under § 69a StGB, re-issue by the licensing authority and when an MPU is ordered.4 August 2026 · 8 minute read
Appeals and enforcementLadung zum Strafantritt: which routes exist and what a Gnadengesuch achievesDeferral by the Vollstreckungsbehörde, court decisions, release of the sentence remainder and the Gnadenverfahren in Hamburg. Four routes, four addressees.3 August 2026 · 10 minute read
Proceedings for foreign nationalsAccused in Germany with no residence here: what § 132 StPO requiresSecurity and a Zustellungsbevollmächtigter under § 132 StPO: what is ordered if you have no address in Germany, and why time limits can run without you.3 August 2026 · 9 minute read
InvestigationKörperverletzung: what penalty you face if a report is made after a fightWhat penalty Körperverletzung carries, when § 223 StGB turns into § 224 StGB, what Notwehr requires and what part Strafantrag and Täter-Opfer-Ausgleich play.2 August 2026 · 10 minute read
BusinessTax evasion in Germany: penalties and voluntary disclosureThe penalty range of § 370 AO, the bars to a Selbstanzeige under § 371 AO, the 25,000 euro threshold and the limitation periods in German tax criminal law.2 August 2026 · 7 minute read
InvestigationHausfriedensbruch: what penalty applies and when entering another's premises is an offenceWhat § 123 StGB provides for Hausfriedensbruch, when entering is unlawful, what applies in shops and restaurants, and the three month Strafantrag limit.1 August 2026 · 9 minute read
BusinessCustoms came to the business: when undeclared work becomes a criminal offenceUndeclared work in Germany: what the customs authorities may inspect, when § 266a StGB applies, and why the contribution demand turns out so high.1 August 2026 · 7 minute read
Appeals and enforcementCalculating the Tagessatz: how high a fine becomes and what applies if you cannot payHow § 40 StGB fixes the number and level of Tagessätze, what payment relief exists, and how the Ersatzfreiheitsstrafe of § 43 StGB can be averted by work.31 July 2026 · 9 minute read
CostsCourt-appointed defence lawyer in Germany: who pays?When a case of mandatory defence exists, how the appointment works, and why a Pflichtverteidiger in Germany is not free of charge.31 July 2026 · 9 minute read
InvestigationFalsche Verdächtigung: what to do when the report against you is wrongWhat § 164 StGB means by falsche Verdächtigung, why a counter-report does not end the case against you, and which steps in the investigation really help.30 July 2026 · 10 minute read
TrialVictim rights in German criminal proceedings: what the Nebenklage gives youNebenklage, access to the file, psychosocial support and compensation inside the criminal case: the rights German law gives a person harmed by an offence.30 July 2026 · 8 minute read
TrafficNegligent bodily injury after a road accident in Germany: what penalty appliesAfter an accident with injuries, post arrives from the police. What § 229 StGB provides, what is a duty at the scene, and what happens to the Fahrerlaubnis.29 July 2026 · 9 minute read
InvestigationCaught shoplifting in Germany: the penalty and what happens nextShoplifting is prosecuted as theft under § 242 StGB. What the store detective may do, how the case proceeds, and how the shop's flat fee is treated.29 July 2026 · 8 minute read
InvestigationErpressung with intimate images: what to do now and what penalty the law providesSecure the evidence instead of deleting it, report it to police, Staatsanwaltschaft or Amtsgericht. Plus § 253 StGB and the rights of the injured person.28 July 2026 · 10 minute read
BusinessDelayed insolvency filing: when does a managing director commit an offence?Insolvenzverschleppung under § 15a InsO: when the filing period starts, how long it runs, what the penalty is, and which allegations usually come with it.28 July 2026 · 8 minute read
Appeals and enforcementEinspruch against a Strafbefehl: two weeks, and what is possible afterwardsEinspruch against a Strafbefehl: the time limit, how it can be limited or withdrawn, what happens if you miss the hearing, and why it can turn out worse.27 July 2026 · 9 minute read
InvestigationPolice search of your home in Germany: your rightsThe police are at the door with a Durchsuchungsbeschluss. What you have to allow, what you are not obliged to do, and what matters after the search.27 July 2026 · 8 minute read
BusinessInvitation, gift, consultancy fee: where Vorteilsannahme and Bestechlichkeit beginThe Strafgesetzbuch names no value threshold. What counts is Amtsträger status, the link to official duties, and whether a benefit was agreed as consideration.26 July 2026 · 10 minute read
TrialHow a criminal trial works in Germany and which court hears the caseThe Hauptverhandlung step by step, which court in Hamburg is competent, whether you have to attend, and which time limits run after the judgment.26 July 2026 · 9 minute read
Appeals and enforcementBerufung or Revision in German criminal law: which time limit runs after the judgmentOne week runs after the judgment. What separates Berufung from Revision, when the period starts, what form the grounds need, and what a missed limit means.25 July 2026 · 9 minute read
InvestigationDiscontinuation under § 153a StPO: what consent meansWhat a discontinuation against a Geldauflage under § 153a StPO is, which conditions are possible, and why your consent is a binding declaration.25 July 2026 · 7 minute read
InvestigationBeleidigung in Germany: what penalty applies and where freedom of expression endsPenalties for Beleidigung, üble Nachrede and Verleumdung, value judgment against assertion of fact, the time limit for the Strafantrag, and the Privatklage.24 July 2026 · 9 minute read
DrugsDrug possession in Germany: where personal use ends and trafficking beginsDrug possession and penalties in Germany: what the BtMG and the KCanG say, which cannabis limits apply, and where possession turns into trafficking.24 July 2026 · 9 minute read
TrialSummoned as a witness in Germany: when you must attend and when a Zeugenbeistand helpsWho summons you decides whether you must attend. Whether you must testify is a second question. Rights, consequences of staying away, the Zeugenbeistand.23 July 2026 · 10 minute read
TrialSuspended sentence in Germany: conditions and revocationWhat a Bewährungsstrafe is in legal terms, which Auflagen and Weisungen a court may order, and on what conditions the Bewährung is revoked.23 July 2026 · 8 minute read
TrialOne word against another in German criminal proceedingsWhen only two accounts stand against each other: how the court assesses the evidence, what rights witnesses have, and when an expert opinion is considered.22 July 2026 · 8 minute read
InvestigationMy child has been reported to the police: how a juvenile case worksProceedings against a young person in Germany: the age limits, what the JGG provides instead of adult penalties, and when a Jugendstrafe is possible.21 July 2026 · 8 minute read
BusinessBilling fraud in healthcare: what is really at stakeBilling fraud is prosecuted as Betrug, criminal fraud. Who starts the investigation, why the audit comes first, and what it can mean for your licence.20 July 2026 · 7 minute read

Guide to criminal proceedings

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