Capital Crimes: What Offenses Are Included

What does “capital crime” mean?

A capital crime, also known as a capital offense, refers to historical terms for a particularly serious crime that was formerly punishable by death. Today, the term is only used colloquially to express the severity of the accusation. “Capital” does not refer to money, but to the Latin term capitalis = concerning the head or life, meaning that if one is convicted of such an offense, it could cost one’s head. However, the death penalty has long since been abolished in this country.

Among the most well-known capital crimes is murder, which involves the intentional killing of a person committed under particularly reprehensible circumstances, such as for base motives or out of greed.

Capital Crimes: Which Offenses Are Included?

Capital crimes in German criminal law include not only murder but also a variety of other offenses that are associated with the severe consequence of a person’s death. Here is an overview of the most important capital crimes in the Criminal Code (StGB):

1. 1. Murder (§ 211 StGB): The intentional killing of a person under particularly reprehensible circumstances.
   2. Manslaughter (§ 212 StGB): The intentional killing of a person without the characteristics of murder.
   3. Sexual abuse of children resulting in death (§ 176d StGB): Sexual abuse of children that leads to the death of the victim.
   4. Sexual coercion, sexual assault, and rape resulting in death (§ 178 StGB): These offenses are particularly serious when they result in the death of the victim.

• Extortionate kidnapping resulting in death (§ 239 a para. 3 StGB)

1. Robbery resulting in death (§ 251 StGB): A robbery that leads to the death of the victim.
2. Robbery-like theft resulting in death (§ 252 StGB in conjunction with § 251 StGB): A theft in which the victim dies due to the use of force.
3. Robbery-like extortion resulting in death (§ 255 StGB in conjunction with § 251 StGB): Extortion that leads to the death of the victim.
4. Arson resulting in death (§ 306c StGB): Arson that at least recklessly causes the death of a person.

Due to their severity, these offenses are punished with very high penalties, including life imprisonment. Attempted offenses are also considered capital crimes.

Arrest Warrant: Pre-trial Detention in Capital Crimes

In cases of capital crimes, a superficial review of the grounds for detention is often carried out, as these are not necessary for ordering pre-trial detention. The purpose of pre-trial detention is to secure the investigation process and prevent the accused from fleeing, destroying evidence, or influencing witnesses.

Pre-trial detention is ordered by a judge upon application by the public prosecutor’s office and is only permissible if there is urgent suspicion of a crime and the conditions for the grounds for detention are met. Grounds for detention include, among others, risk of flight, risk of obstruction of justice (e.g., destruction of evidence), and risk of re-offending.

In cases of capital crimes, pre-trial detention can also be ordered even if no grounds for detention exist (cf. § 112 para. 3 StPO).

Pre-trial detention can last until the completion of the investigations and until a possible main trial, although it is regularly reviewed. To prevent unlawful pre-trial detention, it is important to engage an experienced criminal defense lawyer who will examine whether the detention is truly appropriate. This can help shorten the duration of pre-trial detention or prevent incarceration altogether.

Mandatory Defense in Capital Crimes

According to § 140 StPO, there is a duty to appoint a defense counsel in certain cases. This mandatory defense is particularly necessary if the accused faces a prison sentence of at least one year. Since capital crimes can carry extremely high penalties, including life imprisonment, a mandatory defense counsel is always appointed in such proceedings.

If the accused does not personally seek a criminal defense lawyer of their choice for mandatory defense, the court will appoint one. The mandatory defense counsel’s task is to comprehensively advise the accused, protect their rights, and represent them both during investigations and in court during the main trial.

In cases of capital crimes, where the penalty is particularly severe, the mandatory defense counsel plays a particularly important role in ensuring that the accused receives a fair trial.

You can find more information on mandatory defense in a separate article.

Are you accused of a serious crime? How to behave as an accused person

If you are accused of a capital crime, it is important to remain calm initially and to take the accusation seriously. Such an accusation cannot simply be dismissed on its own. Therefore, contact an experienced criminal defense lawyer immediately to seek legal advice and protect both your interests and your reputation.

It is also advisable not to make any statements to the police or the public prosecutor’s office. If you are summoned by the police, you are not obliged to appear, and we strongly recommend refraining from making a statement. Contact a criminal lawyer who will request access to the files to examine what evidence exists against you.

If you receive a summons from the public prosecutor’s office, you are generally obliged to appear, but you can postpone the appointment in consultation with a lawyer or, if necessary, have it canceled.

Should you nevertheless come into contact with the investigating authorities, exercise your right to remain silent. An ill-considered statement could unnecessarily incriminate you without you being aware of it. Especially in cases of capital crimes, this can lead to serious consequences.