Felony law
In the case of capital offences like (first and second degree) murder, it is particularly important to ensure the best possible defence. After all, the severity of the offence alone carries a dramatically high sentence — life imprisonment in the case of a murder conviction.
Felonies or so-called capital offences (“Kapitalverbrechen”) are crimes in which the victim has been killed or attempted to be killed.
Defence against capital offences
The defence against the accusation of a capital offence must be carefully planned and requires specialist knowledge, for example in the fields of forensic medicine, forensic psychiatry and criminalistics.
I take on defences in all capital offences, in particular in the following matters
- Murder under specific aggravating circumstances (“Mord“), Section 211 German Criminal Code (StGB)
- Murder (“Totschlag“), Section 212 German Criminal Code (StGB)
- Sexual abuse of children resulting in death, Section 176b German Criminal Code (StGB)
- Sexual assault and rape resulting in death, Section 178 German Criminal Code (StGB)
- Sexual abuse of persons incapable of resistance resulting in death, Section 179 in conjunction with Section 178 German Criminal Code (StGB)
- Abandonment resulting in death, Section 221 German Criminal Code (StGB)
- Bodily harm resulting in death, Section 227 German Criminal Code (StGB)
- Could theft resulting in death, Section 235 German Criminal Code (StGB)
- Stalking resulting in death, Section 238 para. 3 German Criminal Code (StGB)
- Unlawful imprisonment resulting in death, Section 239 para. 4 German Criminal Code (StGB)
- Abduction for purpose of extortion resulting in death, Section 239a para. 3 German Criminal Code (StGB)
- Hostage-taking resulting in death, Section 239b para. 2 in conjunction with Section 239a para 3. German Criminal Code (StGB)
- Robbery resulting in death, Section 251 German Criminal Code (StGB)
- Theft using force or threats to retain possession of stolen property resulting in death, Section 252 in conjunction with Section 251 German Criminal Code (StGB)
- extortion with use of force or threat of force resulting in death, Section 255 in conjunction with Section 251 German Criminal Code (StGB)
- Arson resulting in death, Section 306c German Criminal Code (StGB)
- Causing nuclear explosion resulting in death, Section 307 para. 1 and 3 German Criminal Code (StGB)
- Causing explosion resulting in death, Section 308 para. 3 German Criminal Code (StGB)
- Misuse of ionising radiation resulting in death, Section 309 para. 2 and 4 German Criminal Code (StGB)
- Attacking driver to commit robbery resulting in death, Section 316a para. 3 German Criminal Code (StGB)
- Especially serious offences against environment resulting in death, Section 330 German Criminal Code (StGB)
- Bodily harm in public office resulting in death, Section 340 para. 3 in conjunction with Section 227 German Criminal Code (StGB)
- Dispensing, administering or transferring narcotics for immediate consumption resulting in death, Section 30 para. 1 no. 3 German Narcotics Act (BtMG)
- Smuggling in with fatal consequences, Section 97 para. 1 German Residence Act (AufenthG)
Public defence
If you are accused of a capital offence, this is always a case of so-called necessary defence, which is why you are entitled to a public defence attorney. Public defence does not have to be a second-class defence. That’s why you should choose your own public defence lawyer before the court assigns any lawyer to you.
