German Criminal Law: Führungszeugnis, Strafanzeige, Notwehr and Permits

German criminal law is federal. The Strafgesetzbuch, the Strafprozessordnung and the specialist statutes around them apply identically in all sixteen Bundesländer, so unlike tenancy or dog law there is no Land statute setting a different rule. What varies is enforcement practice, and one narrow but real exception: where a federal statute expressly empowers the Länder to legislate, as § 42 Abs. 5 Nr. 3 WaffG does for knives on local and regional transport, the answer genuinely does depend on the Land.

This hub covers the parts an ordinary resident actually meets: the certificate that an employer asks for, what happens when you report an offence or someone reports you, when force is lawful, and the three permission regimes that catch people out because the everyday assumption is wrong in each case.

Information last verified on 20 July 2026. This page provides general legal information and does not constitute legal advice in an individual case.

The certificate an employer asks for

The Führungszeugnis is the document most people in this area actually need, and the thing worth knowing before anything else is what it leaves out.

Under § 32 Abs. 2 BZRG a conviction of up to 90 Tagessätze, or up to three months' Freiheitsstrafe, is not entered at all, provided it is the only entry in the register. So a single modest conviction frequently produces a clean certificate.

Two separate BZRG timetables then govern what happens later, and conflating them is the most common error on this topic. § 34 BZRG sets how long a conviction keeps appearing on the certificate, in tiers of 3, 5, 10 and 20 years. § 46 BZRG sets the Tilgungsfrist for deletion from the Bundeszentralregister itself, and that one does have a 15 year tier.

Read the full page: what the Führungszeugnis shows and what it leaves out.

Reporting an offence, and what follows

A Strafanzeige is a report that an offence may have been committed. Anyone can make one, about anyone, at a Polizeidienststelle, the Staatsanwaltschaft or an Amtsgericht.

A Strafantrag is different. For an Antragsdelikt, and many of the offences an ordinary person encounters are Antragsdelikte, the prosecution needs an application from the entitled person within three months under § 77b StGB. That clock runs from knowledge of the act and the offender, and missing it closes the criminal route however strong the case is.

Once a report is filed the Staatsanwaltschaft, not the complainant, decides what happens. Most reports end in an Einstellung rather than a charge, and a criminal report is not a route to compensation.

Read the full page: how a Strafanzeige works and what follows.

When force is lawful

§ 32 StGB is broader than most readers expect and narrower than the internet suggests. It permits the defence necessary to avert a present unlawful attack, and German law does not require the defender to retreat, nor to weigh the harm done against the harm threatened in the way an anglophone proportionality test would.

What it does impose is Gebotenheit, a limit German courts have developed to exclude cases such as a gross imbalance between the interests at stake or an attack the defender provoked. § 33 StGB then covers exceeding those limits out of confusion, fear or fright.

Read the full page: how Notwehr works under § 32 StGB.

The three permission regimes people get wrong

Each of these catches people out for the same reason: the everyday assumption does not match the statute.

Where criminal law meets the rest of this site

Several topics that look criminal are covered in more depth elsewhere in the German section, because the offence is only half the question.

For the wider picture of German law, courts and other legal topics, see German law explained.

Frequently Asked Questions

Does German criminal law differ between the Bundesländer?

No. The Strafgesetzbuch, the Strafprozessordnung, the Waffengesetz, the Bundeszentralregistergesetz and the Konsumcannabisgesetz are all federal and apply identically across all sixteen Bundesländer. What varies between Länder is enforcement practice and, in a few areas such as knife-carrying on local transport, whether a Land has used a power the federal statute gives it.

Will a single conviction show up on my Führungszeugnis?

Not necessarily. Under 32 Abs. 2 BZRG a sentence of up to 90 Tagessätze or up to three months Freiheitsstrafe is not entered at all, provided it is the only entry in the register. A second entry changes that analysis, which is why the rule is worth understanding rather than assuming the worst.

Why do some sources say 15 years and others do not?

Because there are two different BZRG timetables. 34 BZRG governs how long a conviction keeps appearing on the Führungszeugnis and its tiers are 3, 5, 10 and 20 years. 46 BZRG governs deletion from the Bundeszentralregister itself and does include a 15 year tier. Sources that quote 15 years for the certificate have taken the figure from the wrong section.

What is the difference between a Strafanzeige and a Strafantrag?

A Strafanzeige is a report that an offence may have been committed, and anyone may file one at any time. A Strafantrag is a formal application required for an Antragsdelikt, and it must be made by the entitled person within three months under 77b StGB, running from knowledge of the act and the offender. Missing the Strafantrag deadline closes the criminal route regardless of how strong the case is.

Do I have to retreat before defending myself in Germany?

German law does not impose a duty to retreat, and 32 StGB does not require the defender to weigh the harm caused against the harm threatened in the way an anglophone proportionality test would. The defence must be necessary, and it is limited by Gebotenheit, which German courts use to exclude cases such as a gross imbalance of interests or an attack the defender provoked. The assessment always turns on the facts.

Can an ordinary person get a Waffenschein in Germany?

Rarely. Owning a firearm and carrying one are separate permissions, and the Waffenschein requires a Bedürfnis under 8 WaffG which the statute defines narrowly. The kleiner Waffenschein is a different and much more accessible document, but it covers only Schreckschuss, Reizstoff and Signalwaffen bearing the PTB mark, not live firearms.

Are knives banned on trains and buses in Germany?

Not uniformly. The 2024 package created three separate rules: an event ban in 42 Abs. 4a WaffG, a direct federal ban on long-distance rail and bus transport in 42b WaffG, and a power for the Länder to legislate for local and regional transport under 42 Abs. 5 Nr. 3 WaffG. Local transport is therefore not banned federally, so the answer depends on the Land.

Is cannabis legal in Germany now?

The Konsumcannabisgesetz is better described as a prohibition with defined exceptions than as a legalisation. Possession is limited to 25 g in public and 50 g at a private residence, private cultivation is capped at three plants, and consumption is regulated separately by 5 KCanG, which restricts where it may take place. Driving consequences are a separate regime again.