Authority: separate sovereign act and abuse.
Section 302 StGB requires an officeholder to knowingly abuse authority in the enforcement of laws. From a legal perspective the first question is whether a sovereign official act exists at all.
Official offences
Abuse of office under section 302 StGB: authority, intent and defence
Section 302 StGB requires knowing abuse of authority with intent to harm rights. What officeholders need to know.
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5 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
Section 302 StGB requires knowing abuse of authority with intent to harm rights. What officeholders need to know.
This post explains from a legal perspective the main requirements, time limits and defence steps. It is general information and not advice in an individual case.
Where is the focus of the allegation?
Four questions on authority, intent and harm.
Under section 302 StGB the precise distinction between breach of duty, abuse of authority and knowing intent is decisive.
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Which section 302 constellation is at issue?
Abuse of office requires more than a wrong decision. Choose the situation that shapes the allegation.
All paths at a glance
Overview of all answers.
Internal workflows: breach of duty is not automatically abuse.
Not every faulty file handling or breach of internal instructions fulfils section 302 StGB. The issue is whether legal authority with external effect was knowingly abused.
High damage: check aggravation precisely.
If damage exceeds 50,000 euros, section 302 para. 2 StGB provides an increased penalty range. The damage calculation is therefore central.
Parallel proceedings: coordinate criminal and service law.
Abuse-of-office proceedings often have disciplinary consequences. Statements in disciplinary proceedings can matter in the criminal case. The defence line must be coordinated.
Elements of section 302 StGB
Elements of section 302 StGB
Section 302 StGB punishes an officeholder who, with intent to harm another person in rights, knowingly abuses authority to perform sovereign official acts. The basic penalty range is six months to five years imprisonment.
Several elements must coincide: officeholder status, sovereign authority, knowing abuse and intent to harm rights.
Distinction from a mere breach of duty
Distinction from a mere breach of duty
A wrong decision, weak reasoning or disciplinary issue is not automatically abuse of office. Criminal liability starts only where legal authority is consciously used contrary to purpose.
From a legal perspective the room for decision is central. Where several legal views were tenable, proof of knowing abuse is often missing.
Evidence and defence approach
Evidence and defence approach
Proceedings often rely on file notes, emails, internal meetings and witness statements from the same authority. The defence must reconstruct early what information was actually available at the time.
Hindsight is dangerous. The standard is not how the file looks months later but what law and facts existed at the time of the official act.
Penalty range and professional consequences
Penalty range and professional consequences
Section 302 para. 2 StGB increases the range to one to ten years, including for damage exceeding 50,000 euros. Disciplinary proceedings, suspension and career consequences may follow.
It should therefore be clarified early which statements are made in which proceeding and how criminal and service-law defence fit together.
Not every official breach is section 302 StGB. The core is knowing abuse of sovereign authority with intent to harm rights.
Frequently asked questions
What you need to know.
Who can commit section 302 StGB? +
The provision addresses officeholders in the criminal-law sense when exercising sovereign authority in the enforcement of laws.
What penalty range applies? +
For the basic offence, six months to five years imprisonment. In aggravated cases, for example damage above 50,000 euros, one to ten years.
Is a wrong decision enough? +
No. Knowing abuse of authority and intent to harm another person in rights are required.
What matters for defence? +
The file, discretion, proof of intent and professional side effects must be assessed together.
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