Offences by public officials

1What is it about?

Offences by public officials (Beamtendelikte or Amtsdelikte) are criminal offences committed by holders of public office in connection with their duties, or offences for which the law sets special requirements for holders of public office. These include acceptance of benefits and accepting bribes (§§ 331, 332 StGB), bodily harm in office (§ 340 StGB), false official certification (§ 348 StGB), breach of official secrecy (§ 353b StGB) and obstruction of justice in office (§ 258a StGB).

For civil servants, the criminal proceedings are seldom the only proceedings: disciplinary proceedings often run in parallel. A final conviction can end the civil service relationship (§ 24 BeamtStG). Even investigations that do not result in a conviction can have consequences for one’s employment.

2Typical case scenarios

• Allegations of accepting benefits, gifts or invitations.
• Allegations against police officers of bodily harm in office following operations.
• Disclosure of official information.
• Incorrect documentation or false official certification.
• Members of the public service who are affected as employees or holders of public office.
• Persons affected who were themselves victims of assaults in office.

3Frequently asked questions

4How the proceedings unfold

1. Complaint or internal reportOpening of investigation proceedings, often with notification of the employer.
2. Criminal and disciplinary proceedingsIn parallel or in sequence, often with the disciplinary proceedings stayed.
3. Indictment or penal order (Strafbefehl)Decision of the public prosecutor’s office on discontinuation or indictment.
4. Consequences under civil service lawDisciplinary measures or termination of the civil service relationship.

5What requires particular attention

• Do not make any statements to your employer or the public prosecutor’s office without advice.
• Observe the time limits and reporting duties under civil service law.
• Avoid agreeing with colleagues on an account of the incident.
• The severity of the sentence directly determines whether the civil service relationship continues.

6How we defend you

Our defence keeps both the criminal proceedings and the consequences under civil service law in view. We secure access to the case file, establish the facts and advise on whether and how a statement should be made.

Where the severity of the sentence and the consequences for status are linked, we examine every possibility of a discontinuation or a penal order below the relevant thresholds. Where persons have been affected by assaults in office, we represent them as counsel for the private accessory prosecutor and support them through the investigation.