§§ 223, 224 StGB
General criminal law
Criminal defence in AachenA police summons, a questionnaire or a penalty order in your letterbox: for many people, this is their first contact with the justice system. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law (Fachanwältin für Strafrecht), examines the allegation, reads the file and tells you what to do next.
An allegation is not a verdict.Your defence starts now.
The sooner we see the file, the more room there is to act.
As a criminal lawyer in Aachen, Karolin Hagemann de Grzymala, LL.M., defends people accused of an offence under the German Criminal Code (Strafgesetzbuch, StGB). Many of these allegations arise quickly: an argument that gets out of hand, a misunderstanding at the till, a message that went too far. The consequences can still be serious, for your job, your criminal record certificate or your driving licence. The earlier the defence begins, the more can still be done.
Typical allegations in general criminal law
General criminal law covers the offences that the police and the local courts deal with every day. Typical allegations are:
§§ 242, 246 StGB
Theft and misappropriation
§ 263 StGB
Fraud
For example, when buying something online.
§§ 185–187 StGB
Insult, defamation and intentional defamation
§§ 238, 240, 241 StGB
Coercion, threats and stalking
§§ 123, 303 StGB
Trespass and criminal damage
§ 113 StGB
Resisting enforcement officers
§ 267 StGB
Forgery of documents
§§ 142, 316 StGB
Leaving the scene of an accident and driving under the influence
Good to know
Some areas have their own rules. If the case involves larger financial losses or allegations from business life, read on under business and white-collar crime. If the insult was posted on a social network, you will find more under cybercrime. For drugs and cannabis, see the page on drug offences.
Lesser or serious offence: why the classification matters
The Criminal Code distinguishes between two groups (§ 12 StGB). Serious offences (Verbrechen) are those for which the law sets a minimum of one year’s imprisonment. All other offences are lesser offences (Vergehen). Most allegations in general criminal law are lesser offences.
The classification has practical consequences. Only for lesser offences can the public prosecutor’s office drop the case because the guilt is minor or in return for meeting a condition. A penalty order is also only possible for lesser offences. If, on the other hand, you are accused of a serious offence, such as robbery, the law requires you to have a defence lawyer (§ 140 Abs. 1 Nr. 2 StPO).
What happens next
Most cases begin with a letter from the police. After that, they follow a fixed sequence. The overview of criminal proceedings on the home page explains every stage.
- 01
Summons or questionnaire
The police invite you to an interview (Vorladung) or ask for a written statement on a questionnaire (Anhörungsbogen). As a suspect, you do not have to attend a police interview or say anything about the allegation. You must, however, give your personal details.
- 02
Access to the file
We inform the public prosecutor’s office that we are defending you and apply for access to the investigation file (Akteneinsicht, § 147 StPO). Only then is it clear what evidence there is against you.
- 03
Discussion and statement
We go through the file with you. Together we decide whether you continue to remain silent or whether a written statement from your defence would help you.
- 04
End of the investigation
The public prosecutor’s office drops the case, applies for a penalty order or brings charges (Anklage). At this stage, we handle the talks with the prosecutor.
- 05
Trial
If the case goes to trial (Hauptverhandlung), usually before the local court, we prepare you for the hearing and sit next to you in the courtroom.
- 06
Appeal
After a judgment, you have one week to appeal (§§ 314, 341 StPO), either on the facts and the law (Berufung) or on points of law only (Revision). We assess with you whether an appeal has a prospect of success.
Discontinuation: the case ends without a judgment
Many investigations end without ever reaching a trial. The law provides several ways for the proceedings to be discontinued (Einstellung):
§ 170 Abs. 2 StPO
Discontinuation for lack of sufficient suspicion
If the investigation does not provide sufficient grounds for bringing charges.
§ 153 StPO
Discontinuation because of minor guilt
If the guilt would be minor and there is no public interest in prosecution.
§ 153a StPO
Discontinuation subject to a condition
For example, a payment to a charity.
Good to know
Discontinuation under § 153a StPO is not a finding of guilt. It is not entered in the Federal Central Criminal Register (Bundeszentralregister), and you do not have a criminal record afterwards. The public prosecutors’ offices do, however, record the discontinuation in a register of their own, so it may be known in later proceedings. This type of discontinuation is not possible without your consent. Whether you should agree, or whether discontinuation for lack of sufficient suspicion is within reach, can only be judged after reading the file.
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
Penalty order: two weeks to object
A penalty order (Strafbefehl) is a conviction without a trial. The public prosecutor’s office applies for it and the local court issues it, usually without hearing you first. It can impose a fine, a driving ban or the withdrawal of your driving licence. If you have a defence lawyer, it can also impose a suspended prison sentence of up to one year (§ 407 Abs. 2 StPO).
You can lodge an objection (Einspruch) to the penalty order within two weeks of its service (§ 410 Abs. 1 StPO). The date of service is written on the yellow envelope. If you let the deadline pass, the penalty order has the same effect as a final judgment.
An objection leads to a trial. There, the court is not bound by the penalty order (§ 411 Abs. 4 StPO). You can, however, withdraw the objection at any point up to the judgment. Sometimes only the amount of the daily rates (Tagessätze) is wrong because your income was overestimated. The objection can then be limited to that point (§ 410 Abs. 2 StPO).
Consequences for your criminal record and career
Many clients first ask: will I have a criminal record? The answer depends on the sentence. Every conviction is entered in the Federal Central Criminal Register, where courts and public prosecutors can see it. A first conviction with a fine of no more than 90 daily rates or a prison sentence of no more than three months does not, however, appear on the criminal record certificate (Führungszeugnis) that an employer may ask for (§ 32 Abs. 2 Nr. 5 BZRG). You may then describe yourself as having no previous convictions (§ 53 BZRG). This threshold does not apply to certain sexual offences.
For some professions, the proceedings themselves already matter. For civil servants, healthcare professionals or holders of a firearms licence, the judicial authorities may inform the relevant body. If you do not have German citizenship, be aware that a conviction can affect your right of residence or an application for naturalisation. We discuss these consequences with you from the outset. Sometimes they weigh more heavily than the sentence itself.
Juveniles and young adults
If the accused was aged 14 to 17 at the time of the offence, the Youth Courts Act (Jugendgerichtsgesetz, JGG) applies. For those aged 18 to 20, the court decides whether to apply juvenile criminal law or general criminal law (§§ 1, 105 JGG). Juvenile criminal law puts the emphasis on education (§ 2 JGG). A penalty order may not be issued against a juvenile (§ 79 JGG). The law expressly provides ways of ending proceedings without a trial (§§ 45, 47 JGG). Parents may accompany their child and have rights of their own in the proceedings.
How we defend you
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law. Before founding her own firm, she was a partner at DMFH Fachanwälte für Strafrecht. She defends clients in Aachen and remains your point of contact from the first call to the end of the case.
Two questions come first: what exactly is in the file? And which outcome matters for your life, for example a clean criminal record certificate or keeping your driving licence? Then we decide on the strategy. We cancel police appointments for you, conduct the discussions with the public prosecutor’s office and the court, and keep you informed at every step. You do not have to decide anything on your own.
What you should do now
Say nothing about the allegation, neither to the police nor on the phone. Do not make a statement before your defence lawyer knows the file. Note the date on which the penalty order or the indictment was served. And call: +49 163 8461632. If the police are already at your door, read what to do in an emergency.
You can also reach us via the contact page. If you wish, we can advise you confidentially by video conference. The language of the consultation is agreed at first contact, and a sworn interpreter can be involved if needed.
General criminal law in Aachen
Most cases of theft, fraud, insult or bodily harm are heard by the local court. More serious cases are tried by the regional court.
Aachen
In the Aachen area, cases go to the Local Court Aachen or to another local court in the district, such as Düren or Heinsberg. More serious cases go to the Regional Court Aachen.
Criminal defence lawyer in AachenOther practice areas
Defence for individuals and companies, from penalty orders to extradition proceedings.
Frequently asked questions
Short answers to questions about general criminal law that often come up in a first consultation.
Penalty orderShould I object to a penalty order?
That depends on what is in the file and on the consequences of the penalty order. The deadline comes first: the objection must reach the court within two weeks of service (§ 410 StPO).
If time is short, your defence lawyer lodges the objection as a precaution. Once the file has been inspected, you decide whether to maintain it. It can be withdrawn at any point up to the judgment.
Criminal recordWill a fine give me a criminal record?
Every conviction is entered in the Federal Central Criminal Register. A first fine of no more than 90 daily rates does not, however, appear on your criminal record certificate. You may then describe yourself as having no previous convictions (§§ 32, 53 BZRG). Exceptions apply to certain sexual offences.
DiscontinuationWhat does discontinuation subject to a payment mean?
The public prosecutor’s office refrains from bringing charges if you pay a sum of money, for example to a charity (§ 153a StPO). This is not a finding of guilt and does not give you a criminal record. This type of discontinuation is not possible without your consent.
QuestionnaireDo I have to fill in the police questionnaire?
You must give your personal details. You do not have to say or tick anything about the allegation. Do not send the form back with an explanation before your defence lawyer knows the file. We will reply to the police for you.
Juvenile lawDoes juvenile criminal law apply to my child?
Yes, if your child was aged 14 to 17 at the time of the offence. For those aged 18 to 20, the court considers their maturity and the nature of the offence and then decides (§ 105 JGG). Anyone under 14 at the time of the offence cannot be held criminally responsible (§ 19 StGB).