📄 Criminal proceedings and administrative offences
In brief
The police often record an accident and pass the case to the public prosecutor's office or the fine authority. This is a different procedure from your claim for damages.
- Negligent bodily harm is a criminal offence (§ 229 StGB), punishable by up to three years' imprisonment or a fine. It is prosecuted only on application or where there is a special public interest (§ 230 StGB).
- Traffic violations that are not criminal offences are administrative offences. Since 1 July 2026 they become time-barred uniformly after 6 months (until 30 June 2026: 3 months until the fine notice, then 6).
- As an injured party or witness you will often be questioned. Say only what you know for certain.
- A lawyer can apply for access to the case files for you. This helps with the question of liability.
- As an injured person you can assert damages in the criminal proceedings by way of an adhesion procedure (Adhäsionsverfahren) (§§ 403 ff. StPO).
Step by step
- Think about your statementIf summoned, get advice, state only what is certain.
- Access to case filesApply through a lawyer for access to the investigation file.
- Keep civil law separateDamages proceed independently; criminal proceedings do not replace them.
- Use the outcomeTake the discontinuation or judgment into account in the settlement.
Deadlines
- As a suspect you have the right to remain silent; get legal advice. No source was retrieved on this here.
- An acquittal or discontinuation in criminal proceedings does not bind the civil court.
- The 6-month period applies to prosecution under § 24 Abs. 1 StVG; exceptions (2 and 5 years) concern other cases. For accidents before 1 July 2026 the old two-stage staggering applies.
- If an investigation is opened against your policyholder, this must be reported to the liability insurer without delay (§ 104 Abs. 2 VVG).
In depth · legal basis, figures and practice – for advisers and professionals
Negligent bodily harm, §§ 229, 230 StGB
Anyone who negligently causes bodily harm to another person is punished with imprisonment of up to three years or a fine. Under § 230 Abs. 1 StGB it is prosecuted only on application, unless the prosecution authority considers intervention ex officio necessary because of a special public interest. The time limit for the application is three months from knowledge of the act and the offender (§ 77b StGB). If the victim dies, negligent homicide (§ 222 StGB) may apply; for a gross traffic violation, endangering road traffic (§ 315c StGB). On hit and run, see § 142 StGB (penalty range up to three years).
Adhesion procedure, §§ 403 ff. StPO
The injured person can assert their civil-law claim against the defendant already in the criminal proceedings; the court can decide on it in the criminal judgment.
Prosecution limitation, § 26 Abs. 3 StVG
Since 1 July 2026, the period for administrative offences under § 24 Abs. 1 StVG is uniformly six months (5. StVG-Änderungsgesetz of 12 May 2026, BGBl. 2026 I Nr. 142). Until 30 June 2026, a two-stage period applied: three months until the fine notice, then six months; for accidents before 1 July 2026 the old staggering applies. Two years apply to certain administrative offences relating to type approvals (§ 6 Abs. 1 Satz 1 Nr. 5 or 10), five years to certain administrative offences under § 24 Abs. 2 (letters c and d).
Duty to notify the insurer
Under § 104 Abs. 2 VVG, the policyholder must notify the liability insurer without delay if investigation proceedings are opened because of the damage event.
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