Criminal defense for Arson in Bonn

Legal Basis

§§ 306–306c StGB

Sentencing Range

Imprisonment of one to ten years (basic offence); up to life imprisonment if death results

Summary

Setting fire to a building or structure or causing its destruction by fire

An accusation of arson under Sections 306 et seq. StGB is a serious matter that can range from criminal damage by fire to a charge carrying several years’ imprisonment. The classification – and questions of intent versus negligence – decide the outcome. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the investigation file.

Arson (Section 306 StGB)

Arson belongs to the category of offences creating a public danger and is regulated in the 28th Chapter of the StGB. German law distinguishes several levels, from simple arson through serious arson to particularly serious arson and arson resulting in death. The provisions protect both property and the life and limb of the general public from the uncontrollable dangers of fire.

Legal Basis

Section 306(1) of the German Criminal Code (StGB) provides:

“Anyone who sets fire to or destroys, wholly or in part, by setting fire to another’s buildings or huts, business premises or technical installations, notably machines, warehouses or stocks, motor vehicles, rail, air, or watercraft, forests, heaths or moors, or agricultural, food, or forestry facilities or products, shall be punished with imprisonment from one to ten years.”

Section 306a StGB (serious arson) concerns premises serving as human habitation. Section 306b StGB (particularly serious arson) covers cases where persons are placed in danger or seriously injured.

Elements of the Offence

Objects of the offence: Section 306(1) StGB contains an exhaustive catalogue: buildings, huts, business premises, technical installations, warehouses, motor vehicles, rail, air, or watercraft, forests, heaths, moors, and agricultural and forestry facilities. The object must be “another’s,” meaning it must not be solely owned by the perpetrator.

Setting fire: An object is set on fire when it has been seized by fire to the extent that it can continue burning independently. Merely charring or singeing does not suffice.

Destruction by setting fire: Alternatively, total or partial destruction by setting fire suffices, even if the object itself did not catch fire (e.g., destruction through heat development or smoke).

Intent: The perpetrator must act intentionally. In serious arson (Section 306a(1) StGB), intent regarding the habitation character is not required; it is an offence of abstract endangerment.

Typical Methods of Commission

The most common forms include setting fire to buildings out of revenge, insurance fraud (setting fire to one’s own property to obtain insurance proceeds — Section 306(2) StGB applies here), arson in the context of vandalism, politically or ideologically motivated arson attacks, setting fire to vehicles, and arson as a cover-up offence to destroy evidence of another crime.

Sentencing Range

Simple arson (Section 306 StGB) carries imprisonment from one to ten years. In less serious cases, the sentence is imprisonment from six months to five years. Serious arson (Section 306a StGB) carries imprisonment of not less than one year, and particularly serious arson (Section 306b StGB) imprisonment of not less than two years. Arson resulting in death (Section 306c StGB) carries life imprisonment or imprisonment of not less than ten years.

Typical Defense Strategies

The defense first examines the cause of the fire: was there actually intentional arson, or was a technical defect, accident, or spontaneous combustion the cause? Expert fire reports are frequently open to challenge. Furthermore, attributing the act to the accused is often problematic — DNA and trace evidence at the fire scene may be contaminated or distorted by firefighting operations. In serious arson, the habitation character of the building is questioned: did the building actually serve as human habitation at the time of the offence? The distinction between completed and attempted arson provides further starting points, particularly where the fire was discovered and extinguished early. Finally, in cases of insurance arson, the question of active repentance (Section 306e StGB) can have a mitigating effect on sentencing.

Summons or accusation of Arson? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Arson requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.