Criminal consequences – what else can be threatened in addition to a penalty in the event of a conviction

In addition to a fine or prison sentence, convictions in criminal proceedings can result in other consequences that are often unknown in advance. We have listed the most relevant ones for you below.

Asset confiscation

If the perpetrator has caused a Financial advantage or other economic values obtained, he may not simply keep them. In the main proceedings, the convicted person in these cases faces not only a fine or imprisonment but also asset confiscation in accordance with Sections 73 et seq. of the Criminal Code. This means that everything obtained through the crime must be returned and thus paid back to the state. This is often the case with crimes in which the perpetrator has demonstrably received remuneration in the course of committing the crime, for example in the case of drug trafficking or fraud or theft. If the acquired assets are no longer available or are no longer accessible by any other means, the court will instead order the confiscation of assets. Confiscation of compensation According to Section 73c of the German Criminal Code (StGB), this means the confiscation of a sum of money equivalent to the value of the property acquired. This also includes any legally acquired assets, with the state deciding which assets should be seized. Depending on the amount of compensation, possible options include bank account seizures or the seizure of vehicles, real estate, or land. Such asset confiscations can be so extensive that they affect the financial situation for the rest of a person's life.

Civil law claims

If one or more persons have been harmed by the crime, they are in most cases entitled to a civil claim. Such a claim can only be asserted after a conviction or can be established by the court during the criminal proceedings through the so-called adhesion procedure. This often involves Claims for compensation or damageswhich the perpetrator has to pay to the victim. In particular in White-collar criminal law This can mean financial ruin, because fraudsters are personally liable for any claims, even if liability is generally limited to the company's assets. However, in cases of bodily harm, for example, claims for reimbursement from health insurance companies for possible treatment costs or loss of work are also conceivable.
It may therefore be advisable to make efforts during the criminal proceedings to at least partially compensate the injured party for the damage, for example, through a victim-offender mediation pursuant to Section 46a of the German Criminal Code. This will be considered as a mitigating factor in sentencing, which is why proper defense is so important in such cases.

Occupational consequences

In principle, a professional ban can be imposed for any profession or trade under Section 70 of the Criminal Code, and can also be imposed provisionally under Section 132a of the Code of Criminal Procedure. This requires the commission of a crime by abusing one's profession or trade or by violating the associated duties. In most cases, the ban lasts for one to five years, but in extreme cases, it can also be imposed for life.

For officer a criminal conviction under the Civil Service Status Act (BeamtStG) and the Federal Civil Service Act (BBG), as well as for professional soldiers According to the Soldiers Act (SG), this can lead to the termination of the civil servant or soldier's employment. This is always the case if a Imprisonment of at least 1 year or a at least 6 months' imprisonment for specific service-related or state-endangering offenses This applies regardless of whether the prison sentence is suspended, but not if a penal order is issued instead of a judgment in ordinary criminal proceedings. If the civil servant or soldier is already retired, their pension can be reduced or even revoked entirely as a disciplinary measure. If the employment relationship ends in this way, any salary or pension entitlements also expire.

According to the German Judges Act, Judges A conviction to a term of imprisonment of one year, even for a lesser term of imprisonment for certain offenses, results in the termination of the judicial appointment. Such a conviction results in the deprivation of the ability to hold public office for five years. lay judges This already applies if an investigation is underway against them.

For Lawyers According to the Federal Lawyers' Act, a criminal conviction can result in exclusion from the legal profession or incapacity to hold public office. It should be noted that there are also culpable conducts that can lead to unworthiness to practice the profession even without a conviction or in the event of a discontinuation of proceedings pursuant to Section 153a of the Code of Criminal Procedure, i.e., subject to conditions and instructions. In all cases, an existing Permit to practice law may be revoked, or an application for admission or re-admission may be denied. However, there are many factors that influence whether unworthiness is actually assumed. These include, among others, the legal connection between the conduct and the professional practice and the time elapsed, in particular whether an admission of guilt or reparations has been made. Furthermore, there are legal proceedingswhich can be ordered in the event of culpable breaches of duty under the BRAO or BORA.

Similar rules apply to Notaries, tax advisor, as well as auditorFor notaries, a criminal conviction, as with civil servants, means they are no longer permitted to exercise their office. If proceedings are pending against them in which a conviction is expected, they may no longer be appointed to exercise their office. For tax advisors and auditors, the decisive factor is their ability to hold public office; for auditors, culpable conduct that justifies exclusion from the profession may be sufficient. In all cases, authorization can not only be refused, but also revoked or withdrawn. Furthermore, professional supervisory measures or disciplinary measures can also be imposed in these professions.

Doctors or pharmacists According to the Federal Medical Code or the Pharmacy Act, following a criminal conviction, Approval may be denied or revoked if they prove themselves unworthy or unreliable to practice their profession. Any findings must be based on facts that demonstrate a possible failure to comply with professional duties. Depending on the severity of the offense, this may also result from offenses that are not directly related to the profession. If criminal proceedings have only been initiated and there is no final conviction, the license to practice may also be temporarily suspended. The same applies to psychotherapists under the Psychotherapists Act and dentists under the Dental Act.

The Management of a GmbH and the Board of directors of a stock corporation According to the GmbH Act and the Aktiengesetz (Stock Corporation Act), a position cannot be filled by persons who have been convicted by judgment or penal order for one or more specific criminal offenses (listed in the relevant law). This does not apply to discontinued proceedings under Section 153a of the Code of Criminal Procedure. The exclusion period is five years.

Register entries

Criminal convictions can Entries in the Federal Central Register, the Central Traffic Register or the Central Trade Register This can have an impact on a wide variety of areas of life:

With regard to the workplace It is important to note that previous convictions must be truthfully disclosed during job interviews. Employers are often permitted to ask questions, especially if there is a substantive connection between the job and the offense. Providing false information in this regard can lead to the termination of the employment relationship. An existing employment relationship can also be terminated, for example, if the employee is detained in pre-trial detention or if the offense is related to the job.

Furthermore, activities requiring approval be made dependent on any registrations by authorities, or prohibited. This is the case, for example, with gun licenses The case is: Anyone who cannot demonstrate reliability in the handling of weapons will be denied a permit. In the event of a subsequent conviction, such a permit can also be revoked. Relevant in this regard are convictions to fines of 60 daily rates or, in the case of multiple convictions, to lower fines, even if the offenses have no connection with weapons law. This affects, among other things, hunters on their hunting licenses or on permissions for Sport shooters out of.

A conviction may also relate to the pilot's license This can have an impact. Obtaining a pilot's license is subject to a background check, which takes place every five years. However, this background check is no longer valid if a conviction for an intentional offense of any kind results in a fine of at least 60 daily rates. If the sentence is lower, or if the proceedings were discontinued under Section 153a of the Code of Criminal Procedure (StPO), i.e., subject to conditions and instructions, the decision depends on the individual case and is examined in detail.

There may also be negative consequences for Naturalization decisions as well as for subsequent criminal or fine proceedings result.

Central Business Register

The Central Trade Register serves the Background check of business operators by the relevant authorities. According to Section 149 of the Trade Regulation Act (GewO), business prohibitions or business-related administrative offenses, as well as criminal offenses, are entered in this register, which influences decisions made by the authorities under trade law. It should be noted here that the Registration limit of 200 € is set very low. This means that even minor or merely negligent violations can have an impact on the operation of the business, which is why a defense against even low fines may be necessary.

Also the Business license depends on the reliability of the trader. Under certain circumstances, such an activity may be prohibited by entries in the Central Trade Register. In this case, not only convictions are decisive, but the objective realization of the criminal offense is sufficient. The same applies to Operators of banking and financial services.

Driving ban and revocation of driving license

A Driving ban According to Section 44 of the German Criminal Code, a penalty is conceivable not only for traffic offenses, but can be imposed regardless of the nature of the offense. They can last up to six months and may only be imposed in addition to another sanction.

Even more devastating can be the Revocation of driving license according to Section 69 of the Criminal Code. This requires a crime to have been committed that is related to driving a motor vehicle. This measure is taken when the convicted person is found to be unfit to drive a motor vehicle, i.e., if there are physical, mental, or character defects. If this sanction is imposed by the court, it will simultaneously impose a ban on the reissue of a driving license. This ranges from 6 months to 5 years; in extreme cases, the ban can also be imposed for life. After the ban period, a new driver's license can be obtained under certain circumstances if the responsible authority approves it. In this case, the cost of a driver's license must be paid in full.

Consequences under immigration law

The Residence Act stipulates that foreigners who, through their residence, pose a threat to public safety and order or the free democratic basic order, can be expelled from the Federal Republic of Germany in the public interest. One of several grounds for expulsion is if a foreigner is sentenced to at least six months' imprisonment in Germany for committing a crime. Such cases often occur deportations, by waiving the execution of the sentence after at least half of the sentence has been served and the convicted person is subsequently deported. However, the granting or extension of a toleration permit or a residence permit can also be suspended upon the initiation of an investigation. Special regulations exist for Turkish nationalswhich may, under certain circumstances, be treated as equivalent to EU nationals, for example for working families.

Criminal defense

A proper criminal defense can, if possible, avoid avoidable side effects in criminal proceedings. Therefore, it's a good idea to consult a lawyer and seek appropriate advice if you have any concerns. Our lawyers offer you the experience you need!