What is the de minimis limit according to § 12a StAG?
The de minimis limit according to § 12a StAG can be decisive for you if you are seeking German citizenship and have had minor offenses in the past. This regulation determines which minor convictions can be disregarded in the naturalization process. But what does this mean for you in concrete terms and in which cases does the de minimis limit apply?
Definition and meaning of the de minimis limit
The minor offense limit under Section 12a of the Citizenship Act is a regulation that gives you the opportunity to apply for a Naturalization despite having a minor criminal record. Certain offenses are considered "minor offenses" and are not taken into account when deciding on your Naturalization .
Pursuant to Section 12a (1) sentence 1 StAG , the provision reads as follows:
Legal text:
"The Naturalization is not taken into account:
- The imposition of educational measures or correctional measures in accordance with the Juvenile Courts Act,
- Convictions to fines of up to 90 daily rates and
- Sentences of up to three months' imprisonment that have been suspended and remitted after the probation period has expired."
Legal basis according to § 12a StAG
The legal basis of § 12a StAG stipulates which criminal offenses must be taken into account in the naturalization procedure despite their minor nature.
§ Section 12a (1) sentence 1 StAG does not apply under the following conditions:
- § Section 12a (1) sentence 2 StAG: Legal text: "If the foreigner has been sentenced to imprisonment, a fine or a juvenile sentence for an unlawful anti-Semitic, racist or other inhuman act within the meaning of Section 46 (2) sentence 2 of the German Criminal Code and such a motive has been established in the judgment."
- In the case of several convictions to fines or custodial sentences within the meaning of sentence 1 no. 2 and 3, the sentences are added together and it is determined whether these sentences exceed the de minimis limit.
- § Section 12 (1) sentence 4 AufenthG: Legal text: "If a corrective measure has been ordered in accordance with Section 61 No. 5 or 6 of the Criminal Code, it shall be decided on a case-by-case basis whether the corrective measure can be disregarded."
Which criminal offenses are not taken into account at Naturalization ?
As part of the naturalization process, certain criminal offenses can be disregarded under certain conditions. This means that these offences do not necessarily hinder the naturalization process. In this section, you will find out which criminal offenses are exempt and how the authorities decide on this.
Juvenile sentences and educational measures
Juvenile sentences imposed under the Juvenile Courts Act, as well as educational measures such as warnings or juvenile detention, generally have no influence on your Naturalization. These penalties are often not taken into account when assessing the naturalization application, as they are considered educational measures.
Fines of up to 90 daily rates
Fines of up to 90 daily rates are also not taken into account at Naturalization . This means that minor offenses punishable by such a fine will not affect your chances of obtaining German citizenship. However, it is important to note that all penalties must be disclosed, even if they have no negative consequences.
Prison sentences of up to three months on probation
Prison sentences of up to three months can also be disregarded under certain circumstances, particularly if they are individual cases and not repeated offenses. However, this exception only applies if the sentence has been suspended and there are no serious offenses.
Discretionary powers of the authorities
Authorities have a certain amount of discretion in deciding whether certain offenses should be disregarded at Naturalization . Factors such as the type of offense, the age at the time of the offense and the length of time since the conviction can play a role.
It is advisable to speak openly with the authorities in advance about previous convictions in order to avoid misunderstandings.
When is § 12a StAG not applied?
§ Section 12a of the Citizenship Act (StAG) describes the conditions under which impunity is a prerequisite for Naturalization . Nevertheless, there are certain cases in which the paragraph is not applied and therefore Naturalization is excluded. Below you can find out which circumstances this applies to and when individual decisions are possible.
Exclusion due to inhuman acts
According to Section 12a (1) sentence 2 StAG, Naturalization is automatically excluded if a person has been convicted of inhuman acts. This includes crimes committed for racist, xenophobic or other discriminatory motives.
This reason for exclusion applies regardless of the amount of the sentence and cannot be circumvented by individual decisions. Anyone with such convictions is generally excluded from Naturalization .
Examples include:
§§ 174-181aStGB: Sexual assault, abuse of children, coercion, promotion of prostitution, pimping).
§§ Sections 225, 232 to 233a, 234, 235 or Section 236 StGB: (abuse of children under protection, trafficking in human beings).
§ Section 171 StGB: Violation of the duty of care or upbringing
Case-by-case decisions if the de minimis limit is exceeded
Violations that exceed the de minimis threshold are considered in individual case decisions in accordance with Section 12a (1) sentence 2 StAG. Here, the authorities check whether there are special circumstances in criminal proceedings that justify exclusion from Naturalization or whether an exception is possible.
Factors that may be considered in the decision include:
- Motivation and context of the crime - Was the crime committed impulsively or under extreme circumstances?
- Time interval and change in behavior - How long ago was the crime committed, and has the person proven themselves since then?
- Remorse and attempts to make amends - Has the person concerned shown efforts to repair the damage?
Foreign convictions and expungement of sentences
At Naturalization , not only German criminal convictions but also foreign convictions play a role. Special requirements and deadlines apply to the consideration of such convictions and the expungement of sentences. Here you can find out which foreign convictions are relevant and which expungement periods are regulated in the Federal Central Criminal Register Act (BZRG).
Redemption periods according to the Federal Central Register Act
Section 46 of the Federal Central Criminal Register Act (BZRG) regulates the erasure periods after which convictions are deleted from the register and can therefore be disregarded at Naturalization .
These time limits vary depending on the type and severity of the offense:
- Fines: Repayment period is usually 5 years.
- Prison sentences of up to one year (suspended on probation): Redemption period is also 5 years.
- Prison sentences of more than one year: redemption period is 10 years if no further offenses have been committed.
Type of penalty | Redemption period |
|---|---|
Fine | 5 years |
Prison sentence of up to 1 year (probation) | 5 years |
Imprisonment for more than 1 year | 10 years |
These redemption periods ensure that minor offenses do not pose a hurdle for Naturalization after a certain period of time, provided that no further offenses have been committed since the conviction. It is advisable to keep an eye on the redemption periods and seek advice in good time if necessary.
Requirements for the consideration of foreign judgments
Not all foreign convictions automatically lead to exclusion from Naturalization. There are certain conditions that must be met for a foreign conviction to be taken into account in the decision:
- Legal comparability: The act must also be punishable under German law. Judgments for acts that do not constitute a criminal offense in Germany are not taken into account.
- Seriousness of the offense: Minor offenses that do not exceed the de minimis threshold are often not seen as grounds for refusal.
- Official recognition of the judgment in Germany: In certain cases, foreign judgments must first be recognized by a German court in order to be valid in the naturalization procedure.
Criterion | Significance for Naturalization |
|---|---|
Legal comparability | Act must be punishable under German law |
Seriousness of the offense | Minor offense limits and offense types can be omitted |
Recognition in Germany | In some cases, a German court order is required |
Procedure for naturalization applications with ongoing investigations
If there is an ongoing investigation against you at the time of your naturalization application, this may have an impact on the course of the procedure. The authorities will carefully check whether the Naturalization must be temporarily suspended in view of the ongoing investigation and what consequences this will have.
Suspension of the naturalization procedure on suspicion
If there is suspicion of criminal activity, the authorities may decide to suspend the naturalization procedure until the outcome of the investigation is known. The reasons for such a suspension are
- Protection against premature decisions: The authority wants to ensure that only people whose criminal records do not represent a hurdle for Naturalization are naturalized.
- Waiting for the conclusion of the investigation: A well-founded decision on Naturalization can only be made once the proceedings have been concluded - whether by acquittal, conviction or discontinuation of the proceedings.
- Discretion of the authorities: The decision to suspend is at the discretion of the authorities, especially if there are serious allegations.
Once the investigation has been completed, the naturalization procedure is resumed. An acquittal or discontinuation of the proceedings often allows the application to continue, while a conviction can block the application depending on the severity.
Special regulations for juvenile sentences according to § 27 JGG
If you are a juvenile or young adult and apply for Naturalization and there are ongoing juvenile criminal proceedings against you, special regulations apply to sentences that are suspended in accordance with Section 27 of the Juvenile Courts Act. These regulations take into account that juvenile offenses are often judged differently than adult offenses.
The following applies:
- More lenient standard: Juvenile offenses are often assessed taking into account the educational aspect and do not always have a negative impact on Naturalization .
- Case-by-case assessment: The authorities carry out an individual assessment to decide whether the offense should affect the Naturalization .
- Focus on resocialization: In juvenile criminal law, the focus is on rehabilitation. Positive developments since the offense can still make Naturalization possible, provided the offense is not considered a significant violation of basic social values.
False information during or after naturalization application
If you make false statements when applying for naturalization and conceal previous convictions, this will have serious consequences for you even if you are successful Naturalization . The decision for your Naturalization can then be withdrawn due to fraudulent misrepresentation.
If you conceal previous convictions during the naturalization application process, this will also have serious consequences, as you will also be accused of fraudulent misrepresentation in this case.
In both cases, the naturalization authority can file a criminal complaint against you. This will then stand in the way of your Naturalization . For this reason, it is important that you do not keep quiet and communicate openly!
Conclusion on Section 12a StAG
As you can see, the topic of § 12a StAG is very complex. We have summarized the most important key points for you below and provided tips for Naturalization despite a previous conviction.
Summary of the most important points on the de minimis limit
- Educational measures and light penalties: Juvenile penalties and educational measures do not generally affect your Naturalization .
- Minor fines: Fines of up to 90 daily rates are not taken into account.
- Short prison sentences: Prison sentences of up to three months that have been suspended are not considered an obstacle.
- Discretionary scope if the limit is exceeded: If the de minimis limit pursuant to Section 12a StAG is exceeded, the naturalization authority decides on the discretionary scope.
- Expungement according to § 46 BZRG: It is possible to expunge the offense from the Federal Central Criminal Register after a specified period of time. You can then submit an application to the Federal Office of Justice.
Important information for Naturalization despite a criminal record
- Openness is crucial: state all previous convictions, even if they may not be relevant.
- Decisions on a case-by-case basis: If the de minimis limit is slightly exceeded, a benevolent review may be possible.
- Take advantage of advice: Seek advice at an early stage so that you can correctly assess your chances at Naturalization .
FAQ - The most important questions about § 12a StAG
§ Section 12a StAG regulates which previous convictions can be disregarded at Naturalization so that minor offenses are not automatically regarded as an obstacle to German citizenship.
The de minimis limit includes fines of up to 90 daily rates and suspended prison sentences of up to three months, which do not normally affect the naturalization process.
Offenses based on racist, xenophobic or inhuman motives are generally excluded from the de minimis limit and lead to exclusion from Naturalization.
Yes, foreign judgments can influence the Naturalization if the offence is punishable under German law and the judgment is recognized in Germany.
A Naturalization will be rejected if there are serious convictions or repeated offenses that are seen as contradictory to Germany's social values.
