Fraud under § 146 StGB: complaint, penalty and the first steps

Under § 146 StGB, fraud requires a specific chain of conditions, all of which must be met.

Deception about facts. The perpetrator creates a false impression by pretending false facts or suppressing true ones. Pure value judgements or promises about the future suffice only if they have a factual core, such as the inner fact of intending to pay.

Error and disposition of assets. The victim is led into an error by the deception and therefore takes an action that damages their assets, such as a payment or handing over goods.

Pecuniary loss. This disposition causes a loss. Even an economically disadvantageous position can suffice.

Intent to enrich. The perpetrator must act with the intent to enrich themselves or a third party unlawfully. Without this intent, there is no fraud. This is often precisely where the line runs between punishable fraud and a merely civil-law dispute.

The penalty rises with the amount of loss and with particular forms of commission.

Basic offence (§ 146). Fraud carries up to six months’ imprisonment or a fine of up to 360 daily rates.

Aggravated fraud (§ 147). If the loss exceeds 5,000 euros, the penalty rises to imprisonment of up to three years. The same applies to certain aggravations, such as the use of false or forged documents, false evidence or non-cash means of payment. Where the loss exceeds 300,000 euros, the sentencing range is one to ten years.

Commercial fraud (§ 148). Anyone who commits fraud commercially, i.e. with the intent to obtain a continuing income through repeated commission, faces imprisonment of up to three years, and from six months to five years where the commercial intent relates to aggravated fraud.

From a legal perspective, the precise calculation of loss is often decisive. Whether a threshold is exceeded and whether commercial intent actually exists is regularly the central point of dispute.

For fraud and other non-violent property offences, § 167 StGB opens up the possibility of becoming exempt from punishment through active repentance.

Full compensation. The accused must make good the entire loss arising from their offence. A mere partial payment is not sufficient.

Timeliness. The compensation must be made before the authority learns of their guilt. Anyone who pays only after it becomes known can no longer rely on active repentance.

Voluntariness. The compensation must be voluntary. However, compensation at the urging of the injured party is expressly permitted, provided it is in good time and in full.

From a legal perspective, active repentance is an effective instrument, but it must be implemented precisely. Sequence, completeness and documentation determine its success.

Injured parties have several ways to protect their interests.

Complaint. You can file a complaint at any police station or with the public prosecutor. The better the evidence is documented, the more likely proceedings can be conducted successfully.

Securing evidence. Keep contracts, messages, advertisements, transfer receipts and other documents. Screenshots and complete communication histories are often decisive.

Private participation. As an injured party, you can join the criminal proceedings as a private participant and assert your loss. If the court convicts the defendant, it can also decide on your claims in the criminal judgment.

But bear in mind: not every unfulfilled agreement is fraud. Without intent to enrich, it is a civil-law dispute to be resolved through the civil court.