Criminal defense for Negligent Homicide in Bonn

Legal Basis

§ 222 StGB

Sentencing Range

Imprisonment of up to five years or a fine (Section 222 StGB)

Summary

Causing a person’s death through breach of the required duty of care

Negligent Homicide (Section 222 StGB) – Overview

An allegation of negligent homicide under Section 222 of the German Criminal Code (StGB) affects people who caused another’s death without any intent to kill – for example through a traffic accident, a workplace accident or a treatment error. The emotional burden is heavy, and significant criminal consequences may follow.

What is negligent homicide?

Liability arises where a person causes the death of another through negligence. Negligence means breaching the care required in the circumstances, where the death was objectively and subjectively foreseeable and avoidable. The breach of a duty of care and the causal attribution between that breach and the death are therefore decisive.

What penalties apply?

Section 222 StGB provides for imprisonment of up to five years or a fine. For first-time offenders and conduct that is not grossly negligent, a fine, a suspended sentence or a discontinuation often come into question. In road traffic, withdrawal of the driving licence may be added. The actual sentence depends heavily on the degree of fault and any contributory fault of the victim.

Defence

The defence examines whether a breach of a duty of care exists at all, whether the death was foreseeable and avoidable, and whether the outcome is attributable to the accused – contributory causation by third parties or the victim and technical expert reports often play a central role. Related topics are negligent bodily injury and failure to stop after an accident.

Frequently asked questions

What is the difference between negligent homicide and manslaughter? Manslaughter requires intent to kill; negligent homicide involves no intent but a breach of a duty of care that causes death.

What sentence does negligent homicide carry? Up to five years’ imprisonment or a fine; first-time offenders often receive a fine or a suspended sentence.

Will I lose my driving licence after a fatal accident? Licence withdrawal is possible where the death occurred in road traffic and a serious breach of duty is found.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: A driver fails to see a cyclist when turning, who is fatally injured. The charge rests on a breach of the duty of care when turning. The defence examines whether the cyclist was riding unlawfully on the pavement or through a red light – significant contributory fault can considerably relativise the allegation.

A particularity is the standard of care in the relevant field: for medical treatment errors the medical standard decides, for workplace accidents compliance with accident-prevention rules. The connection between breach and result is always central – the death must result precisely from the breach and would have been avoidable with lawful conduct.

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

Summons or accusation of Negligent Homicide? 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 Negligent Homicide 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.

Driving licence, bar period and MPU

In traffic cases, the threatened loss of the driving licence often weighs more heavily than the sentence itself. The defence examines the provisional withdrawal under Section 111a StPO, the length of the bar period under Section 69a StGB and the distinction between withdrawal and a temporary driving ban. The requirements for a later medical-psychological assessment (MPU) for re-issue should also be considered early.

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.