In brief: Criminal damage under § 303 StGB – the unlawful damaging or destruction of an object belonging to another – is punishable by up to two years of imprisonment or a fine. Since 2005, the not merely insignificant and not merely temporary alteration of an object’s appearance (graffiti) is also covered. Criminal damage is an offense prosecuted on complaint and by private prosecution. The defense focuses on the object being another’s, on intent, on the criminal complaint and on compensation; many proceedings can be discontinued.
Accusations of criminal damage range from scratching a car through broken windows to graffiti. This article explains the elements, the sentencing range and the concrete options for action.
What is Criminal Damage (§ 303 StGB)?
Whoever unlawfully damages or destroys an object belonging to another (§ 303(1)) is liable. Damage is any not entirely insignificant impairment of the substance or of the intended usability – for instance denting, soiling that is difficult to remove, or rendering a device unusable. Under § 303(2), the unauthorized, not merely insignificant and not merely temporary alteration of the appearance of an object belonging to another is also punishable – the so-called graffiti offense. The attempt is punishable (§ 303(3)).
Related Offenses
Beyond § 303 there are several special offenses: criminal damage to objects of public benefit (§ 304, for instance to public monuments, objects of public utility or religious objects) with a range of up to three years, and the destruction of structures (§ 305).
Data Tampering and Computer Sabotage (§§ 303a, 303b StGB)
In the digital sphere, the deletion, suppression, rendering unusable or alteration of data (data tampering, § 303a) and the disruption of data processing of substantial significance (computer sabotage, § 303b) are punishable. These offenses – for instance the deletion of files or attacks on IT systems – have their own elements and evidentiary questions and are frequently at issue alongside classic criminal damage.
Complaint and Private-Prosecution Offense
Criminal damage is prosecuted only on criminal complaint (§ 303c), unless the prosecution affirms a special public interest. It is moreover a private-prosecution offense (§ 374 StPO): without a public interest the injured party is referred to the private-prosecution route. The complaint can be withdrawn – an important lever for the defense.
Typical Cases
Frequent are the scratching or denting of vehicles, the slashing of tires, broken window panes, graffiti and tags, and vandalism after celebrations or in conflict situations. In the case of public facilities or monuments, § 304 comes into consideration.
Sentencing Range
The basic offense provides for imprisonment up to two years or a fine. Most proceedings end with a fine, a penalty order or a discontinuance – especially for first offenders and manageable damage. A prison sentence of up to two years can be suspended on probation (§ 56 StGB).
Course of the Proceedings
The proceedings usually begin with a criminal complaint by the injured party. Where the prosecution denies a special public interest, the injured party is referred to private prosecution. At the end of the investigation there is either a discontinuance, a penalty order or a charge before the Local Court.
Strategy and Options for Action
1. Remain Silent and Obtain File Access
Make no statement on the matter without defense counsel (§ 136 StPO). Only file inspection (§ 147 StPO) shows how robust the evidence is – witnesses, video recordings, traces.
2. Attack the Elements of the Offense
Was the object really another’s? Was there a not merely insignificant damage? In the case of a merely easily removable or insignificant alteration, the offense may fall away.
3. Intent and Perpetration
Negligent criminal damage is not punishable. Perpetration is often uncertain; identifications and circumstantial evidence must be critically examined.
4. Complaint and Compensation
If a valid complaint is missing or is withdrawn after an understanding with the injured party, the proceedings must be discontinued. Victim-offender mediation and compensation for the damage (§ 46a StGB) have a mitigating effect and pave the way to a discontinuance.
5. Seek Discontinuance (§§ 153, 153a StPO)
For first offenders and minor damage, a discontinuance – often against a monetary condition or compensation – is a realistic aim.
Consequences of a Conviction
Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule only from more than 90 daily units of a fine (§ 32 BZRG). Besides the sentence, civil-law claims for damages by the injured party loom and must be considered from the outset.
Frequently Asked Questions
Is graffiti criminal damage?
Yes. Since 2005, § 303(2) expressly covers the not merely insignificant and not merely temporary alteration of appearance – graffiti falls under it.
Must a criminal complaint be filed?
Yes, criminal damage is prosecuted only on complaint (§ 303c) and is a private-prosecution offense; without a public interest the injured party is referred to private prosecution.
Can the proceedings be discontinued?
Yes, for first offenders, minor damage and compensation, a discontinuance under § 153 or § 153a StPO is frequently possible.
Is negligent damage punishable?
No. § 303 requires intent; a purely negligent damaging of an object is not a criminal offense.
Is deleting someone’s data criminal damage?
Not under § 303, but under § 303a (data tampering); unlawfully deleting or altering another’s data is a separate offense.
How We Can Help
In criminal damage cases, the object being another’s, intent, the criminal complaint and compensation decide the outcome. Those who remain silent early and work specifically on these points can often end the proceedings without a conviction. We defend you in Bonn and throughout the Rhineland; more on our page for criminal defense in Bonn.
This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: July 2026
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