Maltreatment of Wards, § 225 StGB

What is maltreatment of wards under § 225 StGB?

The maltreatment of wards (§ 225 StGB) is found in the Criminal Code under offenses against physical integrity, immediately following aggravated assault (§ 224 StGB). However, § 225 StGB only criminalizes such maltreatment that is directed against a specific group of people, namely wards.

The offense protects the physical integrity of a person.

Who can be a ward?

Victims of maltreatment of wards can, according to the wording, only be wards. These are not exclusively, but particularly minors, i.e., persons under 18 years of age.

In addition, other persons are also protected, namely those who are helpless due to infirmity or illness. Thus, persons who are mentally/physically ill or elderly can also be covered by the scope of application.

Only individuals who have a special relationship with the person under their care can be considered perpetrators. According to Section 225 (1) of the German Criminal Code (StGB), persons under care are defined as those who are under the age of 18 or who, due to illness or infirmity, are defenseless and

• belong to the perpetrator’s household,
• are under the care or custody of another person,
• have been placed in the custody of a third party by a person authorized to provide care, or
• are subordinate within the framework of an employment or service relationship (e.g., apprentices).

Possible caregivers or supervisors therefore include, for example:

• Elderly care workers
• Babysitters
• Guardians
• Parents
• Educators
• Nurses
• Teachers
• Youth welfare office employees

This list is not exhaustive.

This offense is particularly important for parents, as it has changed significantly in recent decades. In particular, the parental right to chastise was abolished as early as 2000. This means that physical chastisement by legal guardians can, in principle, also fall under the offense of § 225 StGB and have serious consequences. Violence in upbringing has thus been classified as a criminal offense by the legislator.

What is the difference between maltreatment and bodily harm?

Maltreatment always exists when the physical well-being or physical integrity of the other person has been violated.

§ 225 StGB states: “Whoever tortures or brutally maltreats a person (…) or harms their health through malicious neglect of their duty to care for them, shall be punished (…).” According to this, psychological maltreatment (torture) also falls under the offense.

At the same time, brutality is also punished. This is present when the caregiver acts with particular callousness and disregards the suffering of the ward. Furthermore, maliciousness refers to neglect due to particularly reprehensible, selfish motives. A mere overload of the supervisors therefore does not fall under this variant.

What penalty threatens upon conviction under § 225 StGB?

The accusation of maltreatment of wards should in any case be taken seriously, as a multi-year prison sentence is likely. The penalty here is a prison sentence of 6 months to 10 years. A monetary fine is not provided. Even the attempt is punishable and can be punished more leniently, but also equally.

In particularly serious cases, the act is to be punished with a prison sentence of not less than one year. Reasons for this include

• the danger of the ward’s death,
• the danger of serious health damage to the ward, or
• significant damage to physical or mental development.

In such a qualification, the termination of proceedings is generally not possible, as it is legally considered a felony.

Furthermore, maltreatment of wards can also fulfill other offenses, such as aggravated bodily harm (§ 226 StGB). Here, the prison sentence is between 1 and 10 years. It is therefore also a felony.

Aggravated bodily harm exists if a serious consequence occurs:

• the loss of sight, hearing, the ability to speak or reproduce,
• the loss of an important body part or if such a part is permanently unusable,
• permanent disfigurement, falling into infirmity, paralysis, or mental illness or disability.

If the maltreatment even causes the death of the victim, a prison sentence of not less than 3 years is to be imposed (§ 227 StGB, so-called bodily harm resulting in death).

How should I behave as an accused person?

Not only a conviction, but even the accusation can have serious consequences for one’s reputation and personal and professional environment. An accusation of this kind should therefore always be taken seriously . Especially for professions with care duties, a professional disqualification can also be the consequence.

At the same time, you should not go to the police over-motivated. Do not make a statement to the police without first having spoken to a lawyer. We understand your desire to explain the events from your perspective, but it is strongly advised against. A statement can always be used against you and thus contribute to a conviction, even if you don’t notice it. If you receive a police summons, you should urgently contact an experienced criminal defense lawyer.

When in contact with the authorities, you should in any case exercise your right to remain silent and contact a criminal law firm that will take on your case. We will first request access to the files and examine what further steps need to be taken. Under no circumstances make decisions that could later be to your disadvantage.