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Criminal penalties in Germany
Checked in October 2026 against the Strafgesetzbuch (German Criminal Code), official English translation, amendments to 7 November 2024.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Germany sets penalties
- German offences state their own limits: 'at least' a number of years, 'between' two numbers, or 'not exceeding' a number. A fixed term of imprisonment is between one month and 15 years (section 38). Life imprisonment is used only where the law provides it.
- An offence with a minimum of one year or more is a 'Verbrechen' (a serious crime). One with a lower minimum, or with a fine as an alternative, is a 'Vergehen' (section 12).
- Many offences have separate ranges for 'less serious cases' (minder schwere Fälle) and for 'especially serious cases' (besonders schwere Fälle). The tables show the ranges and say which case they are for.
- After a life sentence the court can suspend the rest of the sentence and release the person on probation once 15 years have been served, if the particular severity of the guilt does not require longer detention and the other conditions are met (section 57a).
- Where an offence allows 'a fine', the court may choose a fine instead of prison. A fine is set in daily rates, from 5 to 360 unless the law says otherwise, and each rate reflects the offender's income (section 40). The amounts are not shown.
Death penalty: No. The death penalty is abolished (Article 102 of the Basic Law).
Read the Germany legal-system profile in the Legal Families Atlas →
First-degree murder
Imprisonment for life
Mord (murder under specific aggravating circumstances) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- No minimum term set by the statute
- Most
- Imprisonment for life
Germany has one murder offence (Mord), defined by listed motives or methods: lust to kill, sexual gratification, greed or other base motives, treachery, cruelty, a means that endangers the public, or to facilitate or cover up another offence. A killing without these is Totschlag (see second-degree murder below). Life is the only penalty for murder.
Second-degree murder
At least 5 years, up to 15 years, and life in especially serious cases
Totschlag (killing without the aggravating circumstances of murder) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
In especially serious cases the penalty is life imprisonment.
Totschlag, killing a person without the aggravating features of section 211, is the closest to second-degree murder.
Voluntary manslaughter
Up to 5 years (negligent killing) up to 10 or more years (bodily harm causing death)
Fahrlässige Tötung (negligent killing) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Minder schwerer Fall des Totschlags (a less serious case of killing: provoked to rage by ill-treatment or serious insult) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Körperverletzung mit Todesfolge (bodily harm resulting in death) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 3 years
- Most
- 15 years (the longest fixed term, section 38)
In less serious cases, between 1 and 10 years.
Germany has a less serious form of Totschlag where the offender was provoked to rage by ill-treatment or a serious insult. A negligent killing and bodily harm that causes death are shown with it, because they are the nearest homicide offences.
Robbery
At least 1 year (robbery) up to life or at least 10 years (robbery resulting in death)
Raub (robbery: taking property by force or threat to life or limb) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 15 years (the longest fixed term, section 38)
Less serious cases: 6 months to 5 years.
Schwerer Raub (aggravated robbery: carrying a weapon, or as a member of a gang) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 3 years
- Most
- 15 years (the longest fixed term, section 38)
Schwerer Raub (aggravated robbery: using a weapon, seriously abusing the victim or endangering life) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
Raub mit Todesfolge (robbery at least recklessly causing death) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 10 years
- Most
- Imprisonment for life
Or life imprisonment.
Where the offence is a less serious case, section 249 allows between 6 months and 5 years.
Burglary
3 months to 10 years (theft by breaking in) up to 10 years, at least 1 year for a dwelling
Besonders schwerer Fall des Diebstahls (especially serious theft, which typically includes breaking into a building or premises) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 3 months
- Most
- 10 years
Wohnungseinbruchdiebstahl (theft by breaking into private premises or with a weapon or as a gang member) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 6 months
- Most
- 10 years
Less serious cases: 3 months to 5 years.
Wohnungseinbruchdiebstahl (the premises are a residence used permanently as private living space) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Germany treats burglary as a form of theft. Breaking into a private dwelling has a higher minimum than other break-ins.
Arson
1 to 10 years (arson) up to life or at least 10 years (arson causing death)
Brandstiftung (arson of buildings, vehicles, forests, farm and other listed property of another) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Less serious cases: 6 months to 5 years.
Schwere Brandstiftung (arson of a building or premises that serve to accommodate people) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 15 years (the longest fixed term, section 38)
Less serious cases: 6 months to 5 years.
Besonders schwere Brandstiftung (arson causing serious damage to health) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 2 years
- Most
- 15 years (the longest fixed term, section 38)
Besonders schwere Brandstiftung (arson endangering life, to cover another offence, or obstructing extinguishing) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
Brandstiftung mit Todesfolge (arson at least recklessly causing death) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 10 years
- Most
- Imprisonment for life
Or life imprisonment.
Aggravated assault
Up to 5 years (bodily harm) up to 10 years (dangerous or grievous bodily harm), at least 3 years if intended
Körperverletzung (bodily harm) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Gefährliche Körperverletzung (dangerous bodily harm: with a weapon, poison, jointly with another, or in a way dangerous to life) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 6 months
- Most
- 10 years
Less serious cases: 3 months to 5 years.
Schwere Körperverletzung (grievous bodily harm: loss of sight, hearing, limb use, serious disfigurement) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Schwere Körperverletzung (the offender intentionally or knowingly causes the grievous result) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 3 years
- Most
- 15 years (the longest fixed term, section 38)
Rape and sexual assault
6 months to 5 years (sexual assault) up to life or at least 10 years (resulting in death)
Sexuelle Übergriffe (sexual assault against a person's discernible will) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 6 months
- Most
- 5 years
Sexuelle Nötigung (sexual coercion by force, threat to life or limb, or exploiting a person at the offender's mercy) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 15 years (the longest fixed term, section 38)
Vergewaltigung (rape: sexual intercourse or comparable acts, especially degrading, or committed jointly by several people) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 2 years
- Most
- 15 years (the longest fixed term, section 38)
Rape or sexual coercion with a weapon carried, or placing the victim at risk of serious damage to health (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 3 years
- Most
- 15 years (the longest fixed term, section 38)
Rape or sexual coercion with a weapon used, serious physical abuse or danger of death (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
Sexual assault, coercion or rape resulting in death (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 10 years
- Most
- Imprisonment for life
Or life imprisonment.
German law makes sexual acts against a person's discernible will an offence. Rape is an 'especially serious case' of section 177. Less serious cases have lower ranges (section 177(9)).
Kidnapping
Up to 5 years (unlawful imprisonment) up to life or at least 10 years (kidnapping for extortion that causes death)
Freiheitsberaubung (unlawful imprisonment) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Freiheitsberaubung for more than one week, or causing serious damage to health (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 1 year
- Most
- 10 years
Erpresserischer Menschenraub (abduction for the purpose of extortion) and Geiselnahme (hostage-taking) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
Less serious cases: at least 1 year.
The same, where the offender at least recklessly causes the victim's death (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 10 years
- Most
- Imprisonment for life
Or life imprisonment.
Embezzlement
Up to 3 years (misappropriation) up to 10 years (breach of trust in an especially serious case)
Unterschlagung (misappropriation of another's movable property) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine may be imposed instead of prison
Unterschlagung of property entrusted to the offender (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Untreue (breach of trust: abusing a power over another's assets or breaching a duty to safeguard them) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Untreue in an especially serious case (as with fraud: commercial basis, major loss and similar) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 6 months
- Most
- 10 years
Germany has two offences: Unterschlagung (misappropriating another's movable property) and Untreue (breach of trust by someone who must look after another's financial interests).
Forgery
Up to 5 years, or 6 months to 10 years in especially serious cases
Urkundenfälschung (forgery of documents: producing a counterfeit, falsifying or using one to deceive) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
Urkundenfälschung in an especially serious case (commercial basis, as a gang member, major financial loss, abuse of public office) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- 6 months
- Most
- 10 years
Drunk driving, first offence
Up to 1 year or a fine (driving under the influence) up to 5 years (if it endangers others)
Trunkenheit im Verkehr (driving under the influence of drink or drugs, unable to drive safely) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- A fine may be imposed instead of prison
Gefährdung des Straßenverkehrs (endangering road traffic) caused by negligence (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- A fine may be imposed instead of prison
Gefährdung des Straßenverkehrs (driving unfit through alcohol or drugs and thereby endangering life, limb or valuable property) (Vergehen (less serious offence: lower minimum, or a fine))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine may be imposed instead of prison
A court may also withdraw the driving licence or impose a driving ban. We have not read those provisions for this table.
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