§ 211 StGB
Homicide cases
Defence against homicide charges in AachenAnyone accused of a homicide offence often stands before a detention judge (Haftrichter) within hours. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law (Fachanwältin für Strafrecht), defends you from the first day: in pre-trial detention, during the investigation and at trial before the regional court.
When everything is at stake,every hour counts.
Defence from the first day, right through to the trial.
As a lawyer for homicide cases in Aachen, Karolin Hagemann de Grzymala, LL.M., defends people accused of killing another person or of attempting to. For suspects and their families, this is an exceptional situation. The investigation moves quickly and with considerable resources, and the media often report on it. That is exactly when you need a defence that stays calm and knows the file in detail.
What you should do now
Give only your personal details. Say nothing about the allegation, not even “off the record” in the police car or in the corridor. Ask to speak to your defence lawyer (§ 136 StPO). Relatives can reach us on +49 163 8461632. For what matters in the first few minutes, see what to do in an emergency.
What counts as a homicide case
The German term for this field, Kapitalstrafrecht, does not appear in any statute. It refers to the most serious charges under the Criminal Code (Strafgesetzbuch, StGB), above all offences in which a person has died:
§§ 212, 213 StGB
Manslaughter
Including less serious cases.
§§ 22, 23 StGB
Attempted murder and attempted manslaughter
§ 227 StGB
Bodily harm resulting in death
§ 251 StGB
Robbery resulting in death
§ 216 StGB
Killing on request
§ 222 StGB
Causing death by negligence
For example, after a road accident.
Good to know
Murder, manslaughter, bodily harm resulting in death and other offences resulting in death are tried by a special criminal chamber of the regional court, known as the Schwurgericht (§ 74 Abs. 2 GVG). It sits with three professional judges and two lay judges (§ 76 GVG). Its judgment cannot be appealed on the facts, only on points of law (Revision) to the Federal Court of Justice (Bundesgerichtshof).
Murder or manslaughter: what makes the difference
Whether an act counts as murder (Mord) or manslaughter (Totschlag) determines the sentence. Murder carries a life sentence. For manslaughter, the law sets a minimum of five years, and one to ten years in a less serious case.
Good to know
Murder requires one of the specific features of murder (Mordmerkmale), such as treachery, greed, cruelty or other base motives (§ 211 Abs. 2 StGB). The courts interpret these features narrowly. Often a single feature decides whether the outcome is life imprisonment or a fixed-term sentence. In almost every case, further questions arise:
Was there any intent to kill at all? Without it, offences such as bodily harm resulting in death or causing death by negligence come into consideration.
§ 32 StGB
Did the accused act in self-defence? Then the act is justified
§ 24 StGB
Did the accused withdraw from the attempt? Then there is no punishment for the attempt
§§ 20, 21 StGB
Was the ability to control one’s actions reduced or absent because of alcohol, drugs or a mental illness?
Good to know
On the question of criminal responsibility, the court often obtains a psychiatric expert report. It can also order committal to a psychiatric hospital or to an addiction treatment facility (§§ 63, 64 StGB). We prepare you for the assessment and check the report for gaps.
What happens next
- 01
Arrest and first court appearance
After an arrest, you must be brought before a judge by the end of the following day at the latest (§ 128 StPO). The judge decides whether to issue an arrest warrant (Haftbefehl).
- 02
Court-appointed counsel
If you are accused of a serious offence (Verbrechen), and whenever you are brought before a judge for a decision on detention, the law requires you to have a defence lawyer (§ 140 StPO). You may name the lawyer yourself.
- 03
Investigation
Post-mortem examination, forensic evidence, DNA analysis, mobile phone data and witness interviews. This often takes months. We apply for access to the file and follow every new step in the investigation.
- 04
Indictment and interim proceedings
The public prosecutor’s office brings charges (Anklage) before the Schwurgericht. Before the court decides whether to open the trial, we can raise objections and apply for evidence to be taken (§ 201 StPO).
- 05
Trial
In homicide cases, the trial (Hauptverhandlung) often lasts several days or weeks. We prepare for every witness examination and every expert report and agree the strategy with you.
- 06
Appeal on points of law
After the judgment of the Schwurgericht, you have one week to file an appeal on points of law to the Federal Court of Justice (§ 341 StPO).
Pre-trial detention
For murder and manslaughter, the law permits pre-trial detention (Untersuchungshaft) on strong suspicion alone, even without a risk of flight or of tampering with evidence (§ 112 Abs. 3 StPO). The case law nevertheless requires circumstances that justify detention here too. This is where the defence comes in.
You can apply for a detention review (Haftprüfung) at any time (§ 117 StPO). After six months, the Higher Regional Court (Oberlandesgericht) must decide whether detention may continue (§§ 121, 122 StPO). In the meantime, we visit you in prison (Justizvollzugsanstalt). Your conversations with your defence lawyer remain confidential (§ 148 StPO).
One piece of advice matters especially in custody: do not talk to anyone about the allegation, not even to other prisoners. Visits and phone calls are usually monitored. What you say there can end up in the file as evidence.
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
Court-appointed counsel: you have a choice
If you are accused of a serious offence, you will have a defence lawyer in any event. Many suspects do not know that they may name their court-appointed defence lawyer (Pflichtverteidiger) themselves. The court sets a deadline for this and must appoint the lawyer you name unless there is good cause not to (§ 142 Abs. 5 StPO). If someone you did not choose has been assigned to you, a change is possible under certain conditions (§ 143a StPO).
Often it is relatives who contact us first. We then visit the accused in custody and clarify whether they want to instruct us or to name us as their court-appointed counsel. The costs of court-appointed counsel are initially paid by the state. Anyone who is convicted usually has to repay them (§ 465 StPO).
Accessory prosecution: when relatives are in the courtroom
In homicide cases, the children, parents, siblings, spouse or civil partner of the deceased can join the proceedings as accessory prosecutors, known as Nebenkläger (§ 395 Abs. 2 StPO). In a case of attempted homicide, the injured person has this right. Accessory prosecutors usually have their own lawyer. They may inspect the file, ask questions and apply for evidence to be taken. Injured persons and heirs can also claim damages and compensation for pain and suffering in the same proceedings (§ 403 StPO).
For the defence, this means there is another party in the courtroom with its own aims. We prepare you for this and make sure your rights are protected, even when the mood in the courtroom is against you.
Your lawyer for homicide cases in Aachen
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 and a former board member of the Strafverteidigervereinigung NRW e.V., an association of defence lawyers in North Rhine-Westphalia. She was a partner at DMFH Fachanwälte für Strafrecht before founding her own firm. In homicide cases, she remains your personal point of contact, from the first visit in custody to the last day of trial. This is how we work:
- We read the complete file with all expert reports and check whether leads were followed up in both directions, against you and in your favour.
- We check whether you were properly informed of your rights at every interview. Mistakes can mean that a statement may not be used as evidence.
- We check forensic medical and psychiatric reports for gaps and, where necessary, apply for further experts to be appointed.
- We discuss every decision with you, including whether and when you make a statement.
- Whether anything is said to the media is something you decide together with us.
The overview of the proceedings shows how criminal proceedings work as a whole. If the case concerns bodily harm without a death, read on under general criminal law. If the allegation has a link abroad, such as a European Arrest Warrant, the page on international criminal law will help. If drugs were in the background, the law on drug offences often plays a part too. If you or your relative live outside Germany, our guide for people arrested in Germany explains the first steps. You can arrange a consultation by phone or via the contact page. The language of the consultation is agreed at first contact, and a sworn interpreter can be involved if needed.
Homicide cases in Aachen
Murder and manslaughter cases are tried by the Schwurgericht chamber of the regional court.
Aachen
In the Aachen area, the Schwurgericht of the Regional Court Aachen tries these cases, and the Public Prosecutor’s Office Aachen investigates them.
Criminal defence lawyer in AachenOther practice areas
Defence for individuals and companies, from a penalty order to extradition proceedings.
Frequently asked questions
Answers to the questions that suspects and relatives often ask first when someone is accused of a homicide.
RelativesA relative has been arrested. What can we do?
Call us. We contact the prison and visit your relative there. In that visit we clarify whether your relative wants to instruct us with the defence or to name us as court-appointed counsel. We only tell you what was discussed if your relative agrees.
Court-appointed counselDo you get a court-appointed lawyer if you are accused of murder?
Yes. Anyone accused of a serious offence must have a defence lawyer (§ 140 Abs. 1 StPO). If you are brought before a detention judge, a lawyer is appointed immediately; otherwise at the latest when charges are brought. You can also apply for an appointment earlier (§ 141 StPO). Before the appointment, you may name a defence lawyer you trust (§ 142 Abs. 5 StPO).
DetentionHow long can pre-trial detention last?
There is no fixed maximum. After six months, however, the Higher Regional Court must decide whether detention may continue. This is only allowed for special reasons, for example if the investigation is particularly extensive (§ 121 StPO). You can apply for a detention review at any time.
MurderWhat is the difference between murder and manslaughter?
Both offences require that someone intentionally kills another person. It is murder if, in addition, one of the specific features of murder is present, for example treachery, greed or cruelty (§ 211 StGB). Murder is punished with life imprisonment. For manslaughter, the sentence is between five and fifteen years; in especially serious cases, life imprisonment is possible (§ 212 StGB).
LimitationIs there a time limit for prosecuting a homicide?
Murder has no limitation period (§ 78 Abs. 2 StGB). Manslaughter becomes time-barred after twenty years, causing death by negligence after five years. Investigative steps interrupt the limitation period, which then starts again (§ 78c StGB).