Arson (§ 306 StGB) – Elements, Penalties and Defense

In brief: Arson under § 306 StGB – setting fire to or destroying by fire certain objects belonging to another, such as buildings, business premises or motor vehicles – is a felony punishable by one to ten years (in less serious cases six months to five years). Where residential premises or people are endangered, aggravated arson (§ 306a) applies, with a minimum sentence of one year; where death results (§ 306c), up to life imprisonment. The defense focuses on the cause of the fire, on intent and on active repentance.

Arson proceedings are complex: the cause of the fire can often only be clarified by experts, and the distinction between the numerous offenses decides years of imprisonment. This article explains the framework, the sentencing range and the concrete options for action.

The Arson Offenses at a Glance (§§ 306–306f StGB)

• § 306 – arson: setting fire to or destroying by fire another’s buildings, business premises, warehouses, motor vehicles, forests and further enumerated objects – one to ten years; less serious cases six months to five years.
• § 306a – aggravated arson: setting fire to buildings or premises that serve as people’s dwelling, or an act by which a person is concretely endangered – not less than one year. Here the object’s being another’s is irrelevant; even one’s own house is covered. See our article on aggravated arson (§ 306a StGB).
• § 306b – especially aggravated arson: not less than two years (e.g. serious harm to health), in certain cases not less than five years (for instance danger of death or enabling another offense).
• § 306c – arson causing death: not less than ten years or life imprisonment.
• § 306d – negligent arson: up to five years or a fine.
• § 306f – causing a danger of fire.

The Central Distinction: § 306 and § 306a

§ 306 protects property and requires an object belonging to another. § 306a, by contrast, protects life and limb and is an abstract endangerment offense: it applies even where the offender sets fire to their own dwelling house. This is of great practical importance in the insurance-fraud constellation – whoever sets fire to their own building to collect the insurance is regularly liable not only for fraud but also under § 306a.

The Cause of the Fire as the Key Question

Whether an intentional arson exists at all depends decisively on the cause of the fire. Technical defects, spontaneous combustion, negligent conduct (cigarette, barbecue, overheated devices) or intentional fire-setting must be carefully distinguished. The experts’ fire-cause report is therefore frequently the decisive point of the proceedings and must be critically examined.

Active Repentance (§ 306e StGB)

Whoever voluntarily extinguishes the fire before a substantial damage arises can obtain a mitigation of sentence or even a waiver of punishment under § 306e StGB. This possibility must be examined carefully in the individual case.

Procedure and Mandatory Defense

Because § 306 and the aggravations are felonies, there is always a case of mandatory defense (§ 140 StPO); pre-trial detention is frequently at issue. 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 arson is excluded. The expert report must be critically examined.

3. Intent or Negligence

Between intentional (§ 306) and negligent arson (§ 306d) lies a considerable difference in penalty. Proving intent is a central point of attack.

4. Distinction of the Offenses

Whether § 306, § 306a or an aggravation applies decides the minimum sentence. The precise classification – for instance whether a person was really concretely endangered – is frequently disputed.

5. Active Repentance and Less Serious Case

Voluntary extinguishing (§ 306e) and the assumption of a less serious case can substantially reduce the sentence.

6. Capacity for Guilt

In arson cases, psychological illness and alcohol play a major role; diminished capacity for guilt (§ 21 StGB) or lack of culpability (§ 20 StGB) must be examined carefully.

Consequences of a Conviction

A conviction for 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

Is setting fire to one’s own house punishable?

Yes. Even where the building belongs to the offender, § 306a (aggravated arson) applies, because it protects life and limb – frequently in connection with insurance fraud.

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.

Can voluntary extinguishing help?

Yes. Under § 306e StGB, active repentance – voluntarily extinguishing before substantial damage – can lead to a mitigation or a waiver of punishment.

Is a car fire always arson?

Only where the vehicle was intentionally set on fire. Technical defects or negligent causes do not lead to § 306; the cause must be clarified precisely.

How We Can Help

In arson cases, the cause of the fire, intent and the distinction of the offenses 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.

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Last updated: July 2026