Capital Offences

1What is it about?

Capital offences are offences against life and offences resulting in death. They include murder (§ 211 StGB, life imprisonment), manslaughter (§ 212 StGB, imprisonment of not less than five years), less serious cases (§ 213 StGB), bodily harm resulting in death (§ 227 StGB), robbery resulting in death (§ 251 StGB) and arson resulting in death (§ 306c StGB).

Such offences are usually tried at first instance before the jury court chamber (Schwurgerichtskammer) of the regional court (Landgericht). Mandatory defence applies. Murder is not subject to a limitation period (§ 78 para. 2 StGB). The proceedings are exceptionally stressful for the accused and their relatives and are often accompanied by pre-trial detention and considerable media interest.

2Typical case scenarios

• Death following a confrontation, with a dispute over the course of events, self-defence or intent.
• Distinguishing murder from manslaughter, for instance where aggravating characteristics of murder such as treachery or base motives are alleged.
• Death as a result of bodily harm, where intent to kill is disputed.
• Proceedings involving questions of criminal responsibility and psychiatric expert assessment.
• Relatives acting as private accessory prosecutors (Nebenkläger).

3Frequently asked questions

4How the proceedings unfold

1. Investigation proceedingsFrequently pre-trial detention, intensive securing of evidence and interrogations.
2. Indictment to the jury court chamberIntermediate proceedings, opening of the main proceedings.
3. Main hearingSeveral days of hearings, witnesses and expert witnesses.
4. AppealAppeal on points of law (Revision) to the Federal Court of Justice (Bundesgerichtshof) against the judgment of the regional court.

5What requires particular attention

• Do not comment on the alleged offence to the police, fellow prisoners or on social media.
• Keep any evidence that could exonerate you and disclose it only to your defence lawyer.
• Relatives should not carry out their own investigations or approach witnesses.
• Attend psychiatric assessments only after consultation.

6How we defend you

From the outset, we examine the proceedings for the admissibility of evidence, the reliability of witnesses and the credibility of statements. In homicide cases, forensic medicine, trace evidence and communication data are often decisive. Where necessary, we bring in our own expert witnesses.

We work out whether there is intent to kill, an aggravating characteristic of murder or substantially diminished criminal responsibility, and whether self-defence or excessive self-defence comes into consideration. In court we defend resolutely and prepare appeals against judgments carefully.