German Criminal Code (StGB) – § 12
Verbrechen and Vergehen
1. Verbrechen
Statutory definition (§ 12(1) StGB):
Verbrechen are unlawful acts carrying a statutory minimum sentence of one year’s imprisonment or more.
Meaning:
The statutory minimum for the relevant offence is decisive. The classification alone does not determine the sentence a court will impose in an individual case.
2. Vergehen
Statutory definition (§ 12(2) StGB):
Vergehen are unlawful acts carrying a statutory minimum sentence of less than one year’s imprisonment or a fine.
Meaning:
A Vergehen can also be a significant offence with a maximum sentence of several years’ imprisonment. Classification depends on the statutory minimum, not the maximum or the sentence actually imposed.
3. Disregarding statutory aggravations and mitigations
Legal position (§ 12(3) StGB):
Increases or reductions in punishment provided for:
- in the General Part of the StGB, or
- for especially serious or less serious cases
are disregarded when classifying an offence as a Verbrechen or Vergehen.
Meaning:
Classification is based on the statutory minimum of the relevant offence provision. Individual sentencing factors, such as previous convictions, a confession or particular consequences of the offence, do not change the basic classification.
4. Practical importance
Legal consequences:
The classification has specific statutory consequences. Relevant distinctions include:
- liability for attempts: an attempt to commit a Verbrechen is always punishable; an attempt to commit a Vergehen is punishable only where expressly provided by law (§ 23(1) StGB),
- the applicable procedural rules,
- procedural rights and duties in the particular case,
- court jurisdiction, which follows statutory jurisdiction rules and does not depend solely on this classification.
Criminal investigation:
The nature and extent of an investigation depend on the facts and statutory requirements. Classification alone does not imply an automatically more or less intensive investigation.
Legal clarity:
§ 12 StGB provides a clear, consistent and foreseeable framework for classifying criminal offences, supporting legal certainty and equal treatment.
Conclusion
§ 12 StGB establishes the basic distinction between Verbrechen and Vergehen in German criminal law.
The distinction is based on the statutory minimum sentence. It does not justify a blanket statement about the sentence in an individual case.
Individual sentencing factors affect the actual sentence rather than this basic classification.
