Criminal defense for Child Benefit Fraud in Bonn

Legal Basis

§ 263 StGB

Sentencing Range

A fine or imprisonment of up to five years; more in particularly serious cases (Section 263(3) StGB)

Summary

Obtaining child benefit through concealed changes from the Family Benefits Office

Child Benefit Fraud (Kindergeld) in Germany – Overview

An allegation of child benefit fraud concerns parents and claimants who draw child benefit through the Family Benefits Office (Familienkasse) although the conditions have wholly or partly ceased. Child benefit is paid by the Familienkasse of the Federal Employment Agency. Concealing relevant changes risks a fraud investigation under Section 263 of the German Criminal Code (StGB).

What is child benefit fraud?

Child benefit is paid for children up to 18 and, under certain conditions, for adult children up to 25 – for example during training or study. Liability arises where a person deceives about relevant facts or fails to report a change that removes the entitlement. Here too the offence is often committed by omission, because a duty to inform the Family Benefits Office is breached.

Typical situations

• Completed or abandoned training: continuing to draw child benefit although the adult child has ended or dropped out of training.
• Residence abroad: drawing the benefit although the child or claimant has moved their residence abroad.
• Double receipt: simultaneous receipt by both parents or by a further entitled person.
• Separated parents: receipt by one parent although the child lives with the other.

A specific duty to inform, intent and a resulting loss are always required.

Competent authority and customs

The Family Benefits Office is competent and regularly compares its data with registration authorities and other bodies. Where the receipt is exceptionally linked to undeclared work or further benefits, the Financial Control of Undeclared Work (FKS) of the customs administration may also be involved. Its powers were expanded on 1 January 2026 by the Act on the Modernisation and Digitalisation of the Combating of Undeclared Work: the main customs offices now act as a so-called “small public prosecutor’s office” and may conduct social benefits fraud investigations independently in suitable cases.

What penalties apply?

The range of Section 263 StGB applies: a fine or imprisonment of up to five years. For modest amounts and first-time offenders, a discontinuation (Sections 153 / 153a of the Code of Criminal Procedure) or a penalty order is the rule. In addition, the Family Benefits Office reclaims the wrongly paid child benefit; this recovery is separate from the criminal proceedings.

Defence

The defence examines from which point the entitlement actually ceased, whether a duty to inform was breached and whether intent existed – particularly for adult children in training the conditions are complex and mistakes are common. The case file should be inspected before any statement.

Frequently asked questions

Is it fraud if my adult child stopped training and I kept receiving child benefit? It can be, where you were under a duty to report the change, were aware of it, and the continued payments caused a loss. Whether intent existed is decisive.

Do I have to repay the child benefit? The Family Benefits Office’s recovery claim is separate from the criminal case and generally arises even if the proceedings are discontinued.

Should I respond to the Familienkasse? Not without legal advice; respond only after your lawyer has inspected the file.

Practical example and particularities

Example: A father continues to draw child benefit although his 21-year-old son dropped out of training six months ago and has been working full-time since. The Family Benefits Office learns of this through a report; the entitlement ended when the training was abandoned. The loss is the child benefit paid from that point.

A particularity is the multitude of conditions for adult children (training, transitional periods, waiting for a training place, voluntary service). This very complexity often leads to mistakes – and without intent there is no fraud. For children living abroad, European coordination law must also be observed.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Child Benefit Fraud? 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 Child Benefit Fraud 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

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Repayment, loss calculation and intent

In social-benefit cases, repaying the wrongly received amounts is separate from the criminal assessment: the criminal loss covers only the amount that would not have been paid with correct information. The defence examines the specific duty to inform, intent, and the loss calculation by the authority, which is often overstated. A considered, early repayment can favourably influence sentencing and a discontinuation subject to conditions.

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.