Strafschuld

Strafschuld, often translated as penal fault or culpability, is a central concept in German criminal law. It denotes the personal blameworthiness of the offender for a crime and forms the subjective element required for criminal liability in addition to the objective act (Tatbestand). In this framework, a person can be punished only if the conduct not only matches the statutory description of the offense but also can be attributed to the actor as fault.

In German law, liability results from the combination of Tatbestand and Schuld. If the offender cannot be blamed for their actions—due to lack of ability to understand the wrongfulness, coercion, intoxication, insanity, or age-related immaturity—guilt can be excused or reduced. Schuld is typically divided into forms of fault: Vorsatz (intent) and Fahrlässigkeit (negligence). Some offenses require intentional wrongdoing, while others can be committed negligently, depending on the statute.

The assessment of Schuld is individualized. It considers the offender’s knowledge, will, foreseen consequences, and the possibility to avert the harm. Legal provisions also account for defenses or mitigating factors that can bar or lessen Schuld, such as mistake, necessity, or duress. The doctrine of Schuld underpins the principle that punishment should be reserved for those who are morally culpable, and it interacts with the broader structure of the criminal code (StGB) to determine whether, and to what extent, an individual is punishable.