Key Points at a Glance: Trespassing is a criminal offense under Section 123 of the German Criminal Code (StGB) and is punishable by a fine or up to one year of imprisonment. In serious cases, the maximum sentence increases to up to two years. Anyone who has received a complaint or has been summoned as a defendant should immediately seek legal counsel and refrain from making any statements until the case file has been reviewed.
Many people associate trespassing exclusively with entering someone else’s home without permission. In fact, the criminal offense is defined much more broadly. According to Section 123 of the German Criminal Code (StGB), anyone who unlawfully enters a residence, business premises, a private property, or other protected areas, or who fails to leave such areas despite being asked to do so, is guilty of a criminal offense.
In practice, trespassing may already occur if someone refuses to leave the residence after an argument or ignores an existing ban on entering the premises. The key factor here is the intent of the person with the right to exclude others. If there is no consent to enter or remain on the premises, the elements of the offense may be met.
The range of penalties under Section 123 of the German Criminal Code (StGB) provides for A fine or imprisonment for up to one year That is the basic offense. In practice, however, the actual penalty for trespassing depends on numerous factors that the court evaluates on a case-by-case basis.
| facts of the case | Basis | Penalty range |
| Simple Trespass | § 123 of the German Criminal Code (StGB) | A fine or imprisonment for up to 1 year |
| Aggravated trespassing | § 124 of the German Criminal Code (StGB) | Imprisonment for up to 2 years or a fine |
Aggravated trespassing under Section 124 of the German Criminal Code (StGB) applies to situations in which a crowd collectively and with combined force enters a residence or premises. Typical examples include squatted houses or organized squatting.
Under German criminal law, fines are calculated in daily rates. One daily rate corresponds to approximately one-thirtieth of the defendant’s monthly net income. The number of daily rates depends on the severity of the offense and the degree of guilt.
With a monthly net income of 2,400 euros, a daily fine amounts to 80 euros. If the court imposes 30 daily fines, this results in a fine of 2,400 euros. With 60 daily fines, the total would already be 4,800 euros.
In addition, there are court costs and, if applicable, attorney's fees. Depending on how the case proceeds, the penalty for trespassing and the associated costs can quickly add up to several thousand euros.
If you have been charged with trespassing, the district attorney’s office will first launch a preliminary investigation. Specifically, this means that the police will most likely serve you with a summons to appear for questioning.
Many people in this situation make a serious mistake: they appear for questioning and make statements without first consulting a lawyer. As a suspect, you have the right to remain silent. You should consistently exercise this right until the case file has been thoroughly reviewed.
Trespassing is what is known as a “complaint-based offense.” This means that criminal prosecution is generally only possible if the victim files a criminal complaint within three months of becoming aware of the offense. If no criminal complaint is filed, the case may be dismissed. However, there are exceptions if the public prosecutor’s office determines that there is a special public interest in prosecution.
Mitigating and aggravating circumstances play a significant role in determining the ultimate outcome of the proceedings. The following factors are regularly taken into account in the assessment:
As Lawyer from Mainz From my experience in practice, I am familiar with many situations in which the assessment of a person’s role in a crime allows for considerable leeway. It is precisely this leeway that I work to secure for my clients.
In my daily work, I see the same mistakes over and over again, which unnecessarily worsen the situation for the accused:
Many people believe they can clear things up with a quick explanation. Often, the opposite is true. Anything you say can be used against you, even if it’s well-intentioned.
„It was only for a short time” or „I knew the person” are not legally relevant arguments that will help a defendant. In the worst-case scenario, they may even strengthen the charges against them.
The sooner a criminal defense attorney is brought in, the more influence can be exerted on the course of the proceedings. There are significantly more options available during the preliminary investigation than after charges have been filed.
If you are the victim of a trespass, you must file a criminal complaint within three months.
A prison sentence for trespassing is generally the exception. It is particularly likely to be imposed if the defendant has relevant prior convictions, if additional offenses such as threats or assault are involved, or if the trespassing constitutes a serious offense under § 124 of the German Criminal Code (StGB).
In most cases, a fine or dismissal of the case is the more likely outcome. However, the specific penalty for trespassing always depends on the circumstances of the individual case.
Especially when an investigation is underway, early legal representation can be crucial. As part of my Criminal defense in Mainz And in other cities, I assist clients throughout all stages of criminal proceedings and explore options for having the case dismissed or for a reduced sentence.
In addition to the actual penalty, those affected must also factor in the costs of the proceedings. These generally consist of:
The total costs of a trespassing case can quickly amount to several thousand euros. However, with an early and targeted defense strategy, it is often possible to bring the case to a close as early as the preliminary investigation stage. A dismissal of the case generally results in significantly lower financial burdens than a conviction following a trial.
Trespassing is often underestimated. In fact, important decisions regarding the case’s future course can be made as early as the preliminary investigation stage. Whether the case can be dismissed or whether a penalty is likely depends largely on the circumstances of the individual case.
I support my clients from the initial summons through the conclusion of the proceedings and develop the best possible defense strategy early on. As part of my work in the Criminal defense in Wiesbaden or as Criminal law lawyer in Darmstadt I represent clients from throughout the Rhine-Main region.
If you have received a complaint, a summons, or a summary judgment for trespassing, there is a clear sequence of steps to follow:
I answer your questions directly, transparently, and without beating around the bush. To provide you with some initial legal guidance, I offer a free initial assessment. This will allow us to work together to determine what steps make sense for your case.
