HANSESTRAFRECHT
Attorney von Burgsdorff standing confidently at the courtroom lectern in her robe.

Practice areas

General Criminal Law

Assault, theft, fraud, insult, or threats: most criminal proceedings begin with a letter or a knock at the door. Whether you are searching for a criminal defense attorney or a criminal defence lawyer, the work in Germany is the same, and your actions in these initial moments will shape the entire course of the proceedings.

About General Criminal Law

StGB

Scope of Practice

General criminal law encompasses offences under the German Criminal Code (Strafgesetzbuch, StGB) that are not assigned to a specific field. This includes assault and bodily harm, property and financial offences such as theft and fraud, damage to property, insult, threats and coercion, trespassing, and resisting enforcement officers.

Despite the diversity of the allegations, the procedure is often similar: the police investigate, and the public prosecutor decides on an indictment, a penal order (Strafbefehl), or the dismissal of the case. A defence lawyer can influence the proceedings at each of these stages.

Our Services

We handle all communication with the police, the public prosecution office, and the court. We request access to the case file and develop a defence strategy with you before you make any statement.

  • Immediate representation following a written request to comment on the allegation (Anhörungsbogen), a summons, or a search
  • Access to case files and evaluation of evidence before any statement is submitted
  • Working towards a dismissal of the proceedings where the facts allow
  • Defence during the main trial before the Local and Regional Courts (Amtsgericht and Landgericht)
  • Reviewing penal orders (Strafbefehl) and filing objections within the two week deadline

The German Criminal Code (Strafgesetzbuch, StGB) in English

The provisions below are the ones English speaking defendants encounter most often. The English terms are the closest equivalents in common law usage, not official translations, and the elements of each offence differ from those of a similarly named offence at home. The sentencing ranges are the statutory ranges of the basic offence; aggravated variants and the rules on attempt, on juveniles and on suspended sentences are not shown here. At the far end of the scale sits murder under section 211 StGB, which carries mandatory life imprisonment and lies well beyond the everyday matters handled in general criminal law.

Frequent offences under the German Criminal Code
SectionGerman termEnglish equivalentStatutory sentencing range
section 223 StGBKörperverletzungBodily harm, assaultFine or imprisonment of up to five years
section 242 StGBDiebstahlTheft, larcenyFine or imprisonment of up to five years
section 263 StGBBetrugFraudFine or imprisonment of up to five years
section 185 StGBBeleidigungInsult, verbal offence against personal honourFine or imprisonment of up to one year
section 316 StGBTrunkenheit im VerkehrDrink-driving, DUIFine or imprisonment of up to one year

The Most Frequent Error

Many defendants wish to clarify the matter quickly and make statements without knowing the contents of the case file. In doing so, they often provide the very evidence upon which a conviction is later based. As a defendant, you have the right to remain silent. This silence must not be held against you.

Lawyer Virginia von Burgsdorff in conversation at a meeting table, the client visible only from behind.

Arrested or questioned? Call us before you make a statement.

Frequently asked questions

I have received a written hearing form (Anhörungsbogen). Do I have to respond?

No. You are not obliged to provide information regarding the facts of the case. Mandatory information only concerns your personal details. Hand the form to us unanswered; we will request access to the case file and determine whether a statement is advisable.

As a defendant, you are not required to follow a summons from the police. This is different for a summons issued by the public prosecutor or the court: there is an obligation to appear, but even then, your right to remain silent remains in effect.

Depending on the case, we charge according to the German Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz, RVG) or based on a transparent fee agreement. In cases of mandatory defence (notwendige Verteidigung), a court-appointed defence may be considered. We explain the details on our fees page and during the initial consultation.

Immediately. Deadlines, such as the two week period for objecting to a penal order, run from the date of service. The earlier the defence begins, the greater the scope to influence the proceedings.

This information is general in nature and does not replace advice on an individual case.

Not an emergency, but in need of advice? We will discuss your case in confidence.

Request an initial consultation