Does the punishment match the crime?

Concept crime: what is it?

The German Criminal law knows a wide range of different crimes that are not limited to theirs Facts and requirements, but also with regard to the legal interest to be protected as well as to imposed sentence differentiate from each other.

The terms "crime" and "Offense“From each other, although they are often confused with one another in everyday language use or are incorrectly used synonymously, that is, synonymously. In this regard, the question arises, what about the Terminology each has to itself. For example, is a Mayhem a misdemeanor or a crime?

In the following guide we want to explain to you what the difference between an offense and a crime is, which one legal regulations take effect here and from when an offense can be classified as a crime.

FAQ: Crime

What is a crime

A definition of the term “crime” under criminal law can be found here.

How can a criminal be punished?

A crime can generally be punished with a fine or imprisonment.

What types of crimes are there?

Our table gives you an overview of the different crimes that are defined in criminal law.

Definition of "crime"

According to the definition, a crime is when there is a criminal offense in your Minimum size is punished with a prison sentence of one year or more.

That is the difference between one Felony and a misdemeanor. The latter means criminal offenses with a penalty below the limit described above. The minimum here is a prison sentence of less than one year or a fine.

Of course, an offense can also be punished higher, i.e. with a fine or imprisonment for less than one year. The only point of the distinction is the minimum of a penalty to be imposed.

The terms “crime and misdemeanor” are anchored in law in Section 12 criminal code (short: StGB). In paragraph 3 of the standard it is also stipulated that the classification of any legally provided Increased penalties or mitigations remain untouched.

example: Robbery within the meaning of § 249 Paragraph 1 StGB is at least with a One year imprisonment threatened and therefore a crime. According to paragraph 2 of the paragraph, the act becomes in a less severe case punished with imprisonment from six months to five years. If there is such a less serious case, this does not change the classification of the robbery under the term “crime”.

What is a capital crime?

A Capital crime Colloquially means a particularly serious crime which was punishable by death. This is one historical term.

The word derives from that Latin term "capitalis" ab, which means something like "concerning the head or the head". In today's jurisprudence, however, the term capital crime is no longer used.

Crime or misdemeanor: what makes the difference relevant

The Differentiating an offense from a crime is important in many ways in Germany. For example, whether the offense is a misdemeanor or a crime is not irrelevant.

On the one hand, the classification under the terms affects the question of the Criminal liability of an attempted crime out. According to Section 23 (1) of the Criminal Code, attempting to commit an offense is only punishable if this has been expressly provided by law. A attempted crime however, it is always punishable.

Example: a attempted trespassing according to § 123 StGB is not punishable because this is an offense and the attempt is not expressly threatened with punishment is.

Furthermore, the differentiation is important for the Offense of threat, legally standardized in § 241 StGB. It expressly states that only the threat of a crime is to be included in the offense.

Moreover, the concept of crime is also related to the Authority, the eligibility and des A person's right to vote of relevance. According to Section 45 (1) of the Criminal Code, anyone who has been sentenced to imprisonment of at least one year for a crime loses the ability to hold public office and obtain rights from public elections.

Also in Area of ​​criminal procedural law The categorization in "crime and misdemeanor" plays a role. On the one hand, the person who is charged with a crime is in accordance with Section 140 (1) number 2 of the Code of Criminal Procedure (short: StPO) always on Public defender to be assigned.

On the other hand, it also results for the Jurisdiction of the local or regional courts Different things about crime and misdemeanor. According to § 74 paragraph 1 of Courts Constitution Act (short: GVG) the German criminal chambers of the regional courts are responsible for all at first instance crimewhich do not belong to the jurisdiction of the local court or the higher regional court.

According to the law of criminal procedure, the possibility of proceeding against a person by way of the criminal order procedure is not provided for, if this is a Crimes charged becomes. This can be found in Section 407 (1) of the Code of Criminal Procedure.

What types of crimes does the Criminal Code know?

The StGB standardized various crimeswhich can be found in the following list, which is not exhaustive.

Paragraph in the StGBOffenseMinimum penalty
Section 80 of the Criminal CodeTreason10 years imprisonment
Section 82 of the Criminal CodeTreason against a country1 year imprisonment
Section 83 of the Criminal CodePreparing a treason
Company against the federal government
1 year imprisonment
Section 94 of the Criminal CodeTreason1 year imprisonment
Section 96 of the Criminal CodeTreasonous spying1 year imprisonment
Section 100 of the Criminal CodeRelationships endangering peace1 year imprisonment
Section 105 of the Criminal CodeCoercion of constitutional organs1 year imprisonment
Section 129a of the Criminal CodeFormation of terrorist groups1 year imprisonment
Section 146 of the Criminal CodeCounterfeiting1 year imprisonment
Section 154 of the Criminal Codeperjury1 year imprisonment
Section 176a of the Criminal CodeSerious child sexual abuse1 year or 2 years imprisonment (depending on the variant of the offense)
Section 177 of the Criminal CodeSexual coercion, rape1, 2, 3 or 5 years imprisonment (depending on the variant of the offense)
Section 211 of the Criminal Codemurderlife imprisonment
Section 212 of the Criminal Codehomicide 5 years imprisonment
Section 226 of the Criminal CodeSerious assault1 year imprisonment
Section 234 of the Criminal CodeKidnapping1 year imprisonment
Section 239a of the Criminal CodeExtortionate kidnapping5 years imprisonment
Section 244a of the Criminal CodeSerious gang theft1 year imprisonment
Section 249 of the Criminal Coderobbery1 year imprisonment
Section 250 of the Criminal CodeHeavy robbery3 or 5 years imprisonment (depending on the variant of the offense)
Section 252 of the Criminal CodePredatory theft1 year imprisonment
Section 306 of the Criminal CodeArson1 year imprisonment
Section 308 of the Criminal CodeCausing an explosive device to explode1 or 2 years imprisonment (depending on the variant of the offense)
Section 316a of the Criminal CodePredatory attack on motorists5 years imprisonment
Section 316c StGBAttacks on air and sea transport5 years imprisonment
§ 339Perversion of the law1 year imprisonment
(30 Ratings, average: 4,23 of 5)
Concept crime: what is it?
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