Aggregation of values and amounts of damage
Aggregation of Values and Amounts of Damage
If a perpetrator commits several similar offenses, the punishability of which depends on a certain monetary value or damage, § 29 StGB stipulates that the values or amounts of damage are added together. The total amount is therefore decisive. This prevents many small acts from leading to a lower penalty than the actual total damage justifies.
§ 29 StGB concerns criminal offenses in which the value or damage determines the sentence. If the same perpetrator becomes a repeat offender, the total amount applies as a standard. The provision serves equal treatment and prevents an artificial division of offenses.
Principle
The penalty is based on the total economic damage, not on the number of individual acts. Several acts of the same type are combined into a total amount. This sum decides whether a higher value or damage qualification, such as in the case of theft or property damage, has been reached. In this way, criminal law takes into account the actual amount of damage and ensures uniform sentencing.
Application and Legal Framework
§ 29 StGB is not a qualification standard, but a general penal provision. It applies in the case of similar real concurrence and is closely related to § 28 StGB. The court assesses the total amount of all damages if
- several acts of the same type are present,
- the penalty depends on a numerically determined value,
- and the acts are jointly judged in one procedure.
The case law regularly applies the aggregation principle, for example in the case of repeated theft or fraud. The total amount is decisive, even if the individual acts were separated in time or place.
Practical Application
Example 1:
A person commits several minor thefts with € 500 each. The summation results in € 3,000. This total amount can exceed the limit of aggravated theft.
Example 2:
A perpetrator deceives several victims with different fraud variants. The individual damages remain below € 5,000, but the total amount exceeds € 50,000. The court applies fraud on a large scale.
Peter HarlanderHarlander & Partner Rechtsanwälte „Die Summe des Schadens bestimmt den Strafrahmen und nicht die Zahl der Taten.“
Exceptions and Limitations
The provision only applies to offenses in which the value or damage influences the sentence. It does not apply to criminal offenses whose content of injustice is independent of an asset value, in particular in the case of
- robbery,
- extortion and
- bodily harm.
The Supreme Court emphasizes that § 29 StGB must be interpreted narrowly. An aggregation may only take place if the penalty expressly depends on a value.
Relationship to § 28 StGB
§ 28 StGB and § 29 StGB complement each other:
While § 28 regulates the formation of a total sentence for several offenses, § 29 determines the relevant amount of damage in the case of similar property offenses. Both standards ensure uniform and fair sentencing.
Your Benefits with Legal Assistance
A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.
Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.
Our law firm:
- examines whether and to what extent the accusation is legally sustainable,
- accompanies you through investigation proceedings and main hearing,
- ensures legally sound applications, statements, and procedural steps,
- assists in defending against or settling civil law claims,
- protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.
Peter HarlanderHarlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“
