Criminal defense for Social Assistance 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 social assistance (SGB XII) through concealed income or assets

Social Assistance Fraud in Germany – Overview

An allegation of social assistance fraud concerns recipients of benefits under the Twelfth Book of the Social Code (SGB XII) – in particular subsistence assistance and basic security in old age and on reduced earning capacity. The benefit is administered by the social welfare office (Sozialamt). Concealing income or assets, or failing to report changes, risks a fraud investigation under Section 263 of the German Criminal Code (StGB).

What is social assistance fraud?

Social assistance under SGB XII is granted to people who cannot meet their living costs from their own income or assets and who do not receive priority benefits (such as citizen’s allowance). Because the benefit depends on income and assets, these details are relevant to it. Liability arises where a person deceives about them or wrongfully conceals a later change. The decisive duty follows from Section 60 SGB I.

Typical situations

• Concealed assets: savings, securities, life insurance or property above the protected allowance.
• Concealed income: pensions, earnings, maintenance or regular payments from third parties.
• Inheritance or gift: an unreported inflow of assets during the receipt of benefits.
• Changed circumstances: a concealed move-in or changed household situation.

Here too, a specific duty to inform, intent and a resulting loss are required.

What penalties apply?

The range of Section 263 StGB applies: a fine or imprisonment of up to five years, more in particularly serious cases. For modest amounts and first-time offenders, many cases end with a discontinuation (Sections 153 / 153a of the Code of Criminal Procedure) or a penalty order. In addition, the social welfare office reclaims the wrongly paid benefits (Section 50 SGB X); this recovery is separate from the criminal proceedings.

Defence

The defence examines whether a specific duty to inform was breached, whether intent existed and whether the loss is correctly calculated – in particular taking account of allowances and protected assets. The case file should be inspected before any statement; submissions should be made only through your defence lawyer.

Frequently asked questions

Is an unreported inheritance social assistance fraud? It can be, where you were obliged to report the inflow, were aware of it, and the continued payments caused a loss.

Do I have to repay the assistance? The social welfare office’s recovery claim is separate from the criminal case and generally arises even if the proceedings are discontinued.

Should I make a statement to the Sozialamt? Not without legal advice; respond only after your lawyer has inspected the file.

Practical example and particularities

Example: A recipient of basic security in old age inherits 15,000 euros and does not inform the social welfare office. The inflow would have removed the entitlement for several months. Concealing the inheritance is punishable as fraud by omission as soon as the next benefit is paid.

A particularity of SGB XII is the principle of subsidiarity: social assistance is granted only to those who cannot help themselves. Usable assets above the protected allowance (around 10,000 euros per person) and priority claims – such as maintenance or pension claims – must be disclosed. The distinction between usable and protected assets is a frequent line of defence.

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

Summons or accusation of Social Assistance 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 Social Assistance 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.