In brief

The “deal” in criminal trials is allowed, but strictly regulated. The court states an upper and lower limit for the sentence, usually in exchange for a confession. Everything must be disclosed at the hearing. Informal arrangements in the corridor are not permitted.

Since 2009, Section 257c StPO has set out what the parties may agree on: the legal consequences, other procedural measures and conduct in the proceedings. The finding of guilt and measures of correction and prevention, such as withdrawal of the driving licence, cannot be negotiated. Under subsection 2 a confession should form part of every agreement, but it must be verifiable: a bare “I admit the charge” is not enough on its own to support a judgment.

On 19 March 2013 the Federal Constitutional Court upheld the provision as constitutional, while stressing that its safeguards must be observed strictly. These include the duty to disclose discussions held outside the hearing (Section 243(4) StPO), the recording requirement (Section 273(1a) StPO) and the explanation of when the court may depart from the agreement (Section 257c(5) StPO).

What happens if it fails

The court is no longer bound if legally or factually significant circumstances were overlooked or have newly arisen, or if the defendant’s further conduct does not match what the court assumed (Section 257c(4) StPO). A confession that was given may then not be used. After an agreement, waiving appeals is excluded (Section 302(1) sentence 2 StPO), so the defendant can still lodge an appeal within one week.

When we advise an agreement

Above all in extensive cases, for example in commercial crime or series allegations of benefit fraud, where the evidence is overwhelming and lengthy evidence-taking would only make the outcome worse. Or where the threshold of a suspended sentence is at stake and the agreement secures exactly that. We do not advise it where the evidence is thin. Such discussions are not prepared only at trial: they are possible during the investigation and the intermediate stage as well (Sections 160b and 202a StPO).

General explanation, not advice on an individual case. As of November 2026.