Concurrence of Criminal Acts

When a person commits several offenses through multiple acts or with a single act, this is referred to as concurrence. § 28 StGB stipulates how the court assesses the penalties in such a case. The goal is to find a fair overall penalty: no double punishment, but also no diminishing of responsibility. The most serious offense determines the penalty framework, and all others have an aggravating effect.

Principle

Criminal law requires that the penalty corresponds to the entire culpability. § 28 StGB prevents each individual act from being punished separately in the case of multiple acts. Instead of many individual sanctions, the court forms an overall penalty. It takes all offenses into account without exceeding the maximum penalty of the most serious law. This keeps the system balanced and avoids over-punishment.

Types of Concurrence

The criminal code distinguishes between two main forms: ideal concurrence and real concurrence. Both describe the concurrence of several criminal offenses, but differ in the sequence of actions.

Ideal Concurrence

In the case of ideal concurrence, the perpetrator commits several criminal acts simultaneously through a single act. It is therefore a uniform act with multiple violations of the law.

A distinction is made between:

• Dissimilar ideal concurrence: One action fulfills different elements of an offense.
  Example: A perpetrator hits a person in order to rob them. He commits robbery and bodily harm at the same time.
• Similar ideal concurrence: One action affects several victims or legal interests of the same type.
  Example: A perpetrator threatens several people on a train with a weapon in order to rob them. He realizes the elements of robbery in genuine, similar ideal concurrence with respect to each victim.

In the case of highly personal legal interests such as life, physical integrity, freedom or sexual integrity, each victim is considered individually.
If, on the other hand, it is only a matter of material legal interests, such as assets, there is no multiple offense. The amounts of damage are added together in accordance with § 29 StGB, but the court only pronounces a single judgment for, e.g., burglary.

Real Concurrence

Real concurrence exists if the perpetrator commits several independent acts, i.e. several criminal offenses at different times.
Each act fulfills its own element of an offense and stands in a relationship of genuine concurrence with the others.

Example:
A person commits three burglaries on three different days. These acts constitute genuine real concurrence. The court does not convict three times, but forms an overall penalty that takes all offenses into account.

Real concurrence can be both similar (several identical offenses, e.g. repeated cases of fraud) and dissimilar (different offenses, e.g. first fraud, then bodily harm).

The court decides whether these acts are jointly tried. If all are judged in one proceeding, § 28 StGB applies. If several judgments become final one after the other, § 31 StGB applies.

Sentencing

§ 28 StGB follows the absorption principle:
A single penalty is formed, according to the law that provides for the highest penalty threat.

The remaining offenses are taken into account in the sentencing, without simply adding up several individual penalties. The additional guilt increases the extent of the penalty within the permissible framework.

Uniform Type of Punishment

If all offenses provide for only one type of punishment (e.g. exclusively fines or imprisonment), the court pronounces an overall penalty of the same type.

Different Types of Punishment

If different types of punishment are provided for in the offenses, the following applies:

• If imprisonment and fines are both mandatory, the court must impose both.
• If only one of the two is mandatory, the court can decide whether to impose a second penalty in addition.
• If a prison sentence is converted into a fine, only one overall fine may be imposed.

Relationship to Preventive Measures

In addition to the penalty, the court may also order preventive measures, such as accommodation or therapy, if one of the acts justifies this. These measures serve to protect the general public and are ordered in addition to the penalty.

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Special Constellations

• Multiple victims: If the perpetrator commits several offenses against different persons with one act, there is genuine, similar ideal concurrence.
• Multiple times of commission: If several offenses are committed at different times, there is real concurrence.
• Combination of different types of offenses: If, for example, bodily harm and property damage coincide, the court chooses the offense with the highest penalty threat as a basis.
• Multiple property offenses: If similar property offenses coincide, such as several thefts within one act, the amounts of damage are cumulated.

Practical example

Example 1:
A perpetrator commits three burglaries on the same night. The court forms an overall prison sentence that includes all acts, but is based on the highest penalty threat for burglary.

Example 2:
A person seriously injures a victim while robbing them. They commit robbery and bodily harm. Both offenses are jointly judged, the penalty is based on the higher penalty framework of the robbery.

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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.

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