In brief: Aggravated arson under § 306a StGB protects life and limb and is a felony with a minimum sentence of one year. It covers above all setting fire to buildings that serve as people’s dwelling – irrespective of whether they belong to the offender. Unlike § 306, the object’s being another’s is irrelevant. The defense focuses on the cause of the fire, on the question of residential use (de-dedication), on intent and on active repentance.
The dwelling fire is the practically most important case of aggravated arson – frequently combined with the accusation of insurance fraud. This article explains the elements, the sentencing range and the concrete options for action. On simple arson, see our article on § 306 StGB.
What § 306a StGB Covers
§ 306a(1) penalizes setting fire to or destroying by fire objects that typically serve the presence of people:
- buildings, ships, huts or premises that serve as people’s dwelling,
- churches and other buildings serving religious worship,
- premises that temporarily serve the presence of people, at a time when people usually stay there.
It is an abstract endangerment offense: a concrete danger to a person need not have arisen, and the object’s being another’s is irrelevant – even the offender’s own dwelling house is covered. § 306a(2) additionally covers the case where, through the fire of one of the objects listed in § 306, another person is concretely brought into danger of harm to health. The range in each case is not less than one year; in less serious cases (§ 306a(3)) six months to five years.
The Key Question: Does the Building Still Serve as a Dwelling?
A central line of defense is the question of residential use. Where a building was completely de-dedicated – that is, definitively given up by all residents and no longer intended for dwelling purposes – § 306a(1) no. 1 falls away; then at most simple arson (§ 306) comes into consideration. This distinction decides the minimum sentence and is frequently disputed, for instance in the case of vacant buildings or buildings intended for demolition.
Insurance Fraud as a Typical Constellation
Whoever sets fire to their own inhabited building in order to obtain the insurance sum is regularly liable not only for fraud (§ 263) but also under § 306a – precisely because it protects life and covers one’s own object. In this constellation, the careful examination of the cause of the fire, the motive and the evidence is decisive.
Aggravations and Active Repentance
Where the act leads to a serious harm to health or endangers a large number of people, especially aggravated arson (§ 306b, not less than two or five years) applies. Where the fire causes the death of a person, § 306c provides for not less than ten years or life imprisonment. Conversely, active repentance under § 306e – voluntarily extinguishing before substantial damage – can lead to a mitigation of sentence or a waiver of punishment.
Procedure and Mandatory Defense
As a felony, aggravated arson always entails mandatory defense (§ 140 StPO); pre-trial detention is frequently ordered, and the Regional Court is regularly competent. Involving the defense early – in particular to accompany the fire-cause investigation – is decisive.
Strategy and Options for Action
1. Remain Silent and Obtain File Access
Make no statement on the matter without defense counsel (§ 136 StPO). Only file inspection (§ 147 StPO) shows the fire-cause report and the evidence.
2. Attack the Cause of the Fire and Perpetration
If a technical or negligent cause comes into consideration, or perpetration is uncertain, a conviction for intentional aggravated arson is excluded. The expert report must be critically examined.
3. Residential Use and De-Dedication
Where the building was no longer intended for dwelling purposes, § 306a(1) no. 1 falls away – a decisive approach to reach the milder range of § 306.
4. Intent and Capacity for Guilt
Consider intent (distinction from negligent arson under § 306d) and – frequently in arson cases – diminished capacity for guilt (§ 21 StGB) or lack of culpability (§ 20 StGB).
5. Active Repentance and Less Serious Case
Voluntary extinguishing (§ 306e) and the assumption of a less serious case (§ 306a(3)) can substantially reduce the sentence.
Consequences of a Conviction
A conviction for aggravated arson is entered in the Federal Central Criminal Register and the certificate of good conduct. Because of the felony character, probation is usually excluded outside less serious cases. Where dangerousness is due to illness, placement in a psychiatric hospital (§ 63 StGB) comes into consideration.
Frequently Asked Questions
Does § 306a also apply to one’s own buildings?
Yes. § 306a protects life and limb; the object’s being another’s is irrelevant. Setting fire to one’s own inhabited house is covered.
What does de-dedication mean?
Where a building is definitively no longer intended for dwelling purposes, it no longer serves as people’s dwelling – then § 306a(1) no. 1 does not apply, but at most § 306.
Can voluntary extinguishing reduce the sentence?
Yes. Under § 306e StGB, active repentance can lead to a mitigation of sentence or a waiver of punishment.
What if the cause of the fire is unclear?
If an intentional fire-setting cannot be securely proven, a conviction is excluded. The fire-cause report is therefore central.
How We Can Help
In aggravated arson, the cause of the fire, residential use and intent decide years of imprisonment. Early, specialized defense that accompanies the fire-cause investigation is indispensable. We defend you in Bonn and throughout the Rhineland; more on our page for criminal defense in Bonn.
This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: July 2026
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