In brief

The statutory range is fixed by law, the actual sentence is not. Where it lands within the range depends on circumstances that must be presented and documented. Here the defence has more influence than many assume.

Section 46(1) StGB names the offender’s culpability as the basis and requires the effects of the sentence on their future life to be considered. Subsection 2 lists, by way of example, what is to be weighed: motives and aims, attitude, the degree of breach of duty, the manner of commission and its culpable effects, previous history, personal and economic circumstances, and conduct after the offence, especially efforts to make good the damage. Circumstances that are already an element of the offence may not be counted again as aggravating (Section 46(3) StGB).

How courts proceed

First the range is determined: is it a less serious or a particularly serious case? Is there a statutory mitigation, for example under Section 46a StGB for victim-offender mediation or under Section 21 StGB for substantially diminished responsibility, shifting the range under Section 49 StGB? Only then is the actual sentence fixed within the range; prison sentences under six months are imposed only exceptionally (Section 47 StGB).

Procedural circumstances come on top. Where proceedings have taken unreasonably long, the court, following the enforcement approach of the Grand Senate of the Federal Court of Justice, declares part of the sentence as already served. An early confession also regularly mitigates, particularly when it spares witnesses from giving distressing evidence.

What we do

Sentencing is not won in the closing speech but in the months before. Evidence of income and maintenance obligations, confirmation that therapy has started, proof of repayments to the job centre or the injured party, a letter from the employer: we submit such documents in good time. Especially at the threshold of a suspended sentence or of an entry on the certificate of conduct, they often decide the outcome.

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