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Lawyer discusses the naturalization documents with a client, emphasizing the importance of impunity, among other things.

Impunity at Naturalization in Germany - Everything you need to know

The Naturalization in Germany is an important step on your way to a new life in a new country. Impunity plays a decisive role in this. In this Blog you will learn everything you need to know about the legal basis, proof and significance of impunity.
Written by:
Valentin Radonici
Journalist
Expertly reviewed by:
Christin Schneider
Expert for Immigration law

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The most important facts in brief

  • The Naturalization in Germany requires, among other things, exemption from punishment in accordance with § 10 StAG.
  • Minor penalties such as fines of up to 90 daily rates or juvenile sentences are not taken into account.
  • An extended certificate of good conduct is required to prove that you have no criminal record.
  • Foreign convictions and juvenile sentences are subject to special regulations.

Legal basis for impunity for Naturalization

Naturalization in Germany is a complex process in which numerous legal requirements must be met. One important aspect is the requirement for impunity. Various legal provisions are crucial to your understanding. Let's take a closer look at the relevant paragraphs.

§ Section 10 StAG - Requirements for the Naturalization of a foreigner

According to § 10 of the Citizenship Act (StAG), you can be naturalized as a foreigner if you have been living legally in Germany for at least five years. In addition to this requirement, there are other important conditions.

One of these important conditions is that you have not been convicted of an unlawful act in accordance with Section 10 (1) sentence 5 StAG. Measures to improve and secure your mental health due to incapacity are also an exclusion criterion.

§ Section 12a StAG - Exceptions to exemption from punishment

There are exceptions to penalties with which you can apply for Naturalization with a criminal record and your application for German citizenship will be granted by the authorities. § Section 12a StAG is a good check for you to see exactly how the definition of exemption from punishment is interpreted. 

You can see which convictions are not taken into account at Naturalization here:

  • Educational measures or correctional measures: convictions under the Juvenile Courts Act (juvenile sentences)
  • Fines of up to 90 daily rates
  • Suspended prison sentences of up to three months: Suspended and remitted under criminal law

There is always a certain amount of leeway on the part of the naturalization authority in the processing and assessment of your convictions, which is called discretion in the case of minor offences. From the point at which you exceed the requirement in § 12a StAG, you are nevertheless dependent on the naturalization authority. At best, never rely on any leeway and observe the requirements!

The leeway is clearly stated in Section 12a (1) sentence 3 StAG and is no more than 21 daily rates above the de minimis limit of 90 daily rates for a fine. Nevertheless, it is a discretionary decision. A positive social prognosis can be helpful here, for example if you are able to support yourself and your family without state assistance. 

§ Section 42 StAG - Penal provisions

Another important point is Section 42 StAG. This stipulates that incorrect or incomplete information on essential requirements of Naturalization is punishable by imprisonment of up to five years or a fine. This regulation shows how important honesty and accuracy are in the naturalization process.

According to § 35 StAG, even after a Naturalization has been granted in cases of hardship due to fraudulent misrepresentation, bribery and/or threats, it is possible to withdraw the Naturalization . The act is punishable and will be consistently punished by the authorities by withdrawing the Naturalization . Therefore, always be honest and do not harm yourself unnecessarily!

§ Section 46 BZRG - Length of the repayment period

The length of the period for eradicating various convictions is regulated in Section 46 of the Federal Central Criminal Register Act (BZRG). This is crucial for your Naturalization, as only certain convictions that fall within certain time limits are disregarded. 

Five years:

  • Convictions for fines of no more than 90 daily rates, provided that no custodial sentence, criminal detention or juvenile sentence is entered in the register.
  • Sentences to imprisonment or criminal detention of no more than three months if no other sentence is entered in the register.

Ten years:

  • Convictions for offenses under certain sections of the German Criminal Code, such as sections 171, 174 to 180a of the German Criminal Code, in cases involving imprisonment or juvenile sentences of more than one year.

Twenty years:

  • Convictions for offenses under Sections 174 to 180 or 182 of the German Criminal Code to a custodial or juvenile sentence of more than one year.

Fifteen years:

  • In all other cases, repayment is possible after 15 years.

§ 32 BZRG - Content of the certificate of good conduct

The content of the certificate of good conduct in accordance with § 32 BZRG is of great importance for your Naturalization. This determines which entries are included in the certificate of good conduct and which are not.

Here are some examples to give you a better overview:

The following are not included

  • Warnings with reservation of punishment according to § 59 StGB.
  • Convictions imposed in accordance with § 27 JGG.
  • Convictions to juvenile sentences of no more than two years, if the execution was suspended on probation.
  • Convictions for fines of no more than 90 daily rates, provided that no other penalties are entered in the register.
  • Imprisonment or criminal detention of no more than three months, provided that no other penalties are entered in the register.

The following are recorded:

  • Corrective measures involving deprivation of liberty.
  • Convictions for which the retrial is noted.
  • Deviating personal data according to § 5 BZRG, if entries have been made under this data.

Practical significance of impunity for the Naturalization

Impunity plays a central role in the naturalization process. It is important to understand how convictions and penalties can affect your chances of a successful Naturalization . Here you can find out which penalties are disregarded and what effects convictions can have.

Relevance of impunity for the naturalization process

Impunity is one of the main requirements for Naturalization in Germany. This means that you must not have committed any serious criminal offenses. Why is this so important?

  • Trust in the rule of law: Naturalization is not only a legal matter, but also a sign of trust in your person and your willingness to abide by the laws and values of Germany.
  • Security: The German state wants to ensure that new citizens do not pose a threat to society.

Effects of convictions on the Naturalization

Convictions can have a significant impact on your Naturalization . If you have been convicted of serious criminal offenses, this may prevent you from Naturalization .

Here are some examples of penalties that can affect your Naturalization :

  • Serious criminal offenses: Convictions for violent crimes, drug trafficking or other serious crimes will usually result in a rejection of your naturalization application.
  • Multiple convictions: If you have been convicted multiple times, even for minor offenses, this can be viewed negatively. The sentences will be added together, which will reduce your chances of Naturalization .

Examples of penalties not to be taken into account

Some convictions are not taken into account at Naturalization , which means that they do not affect your chances at Naturalization .

The most important examples are summarized here in a table:

Conviction type
Condition
Educational measures or means of discipline
According to the Juvenile Courts Act
Fines of up to 90 daily rates
No further offenses in the register
Prison sentences of up to three months
Suspended on probation and remitted

Proof of impunity for the Naturalization

It is important that you carefully prepare and submit the necessary documents and certificates to ensure that you can prove your impunity. You will now find out which documents you need and how the procedure works.

Required documents and certificates

These documents are necessary to prove that your Naturalization is exempt from prosecution:

  • Certificate of good conduct: A current extended police certificate of good conduct (not older than three months), which you can apply for at the registration office.
  • Criminal record extract: Foreign nationals may also require a criminal record extract from their home country.
  • Other certificates: Certificates of completed probation periods or other relevant court documents, or proof that the preliminary proceedings have been discontinued.

Procedure for obtaining a declaration of impunity

The procedure for obtaining a declaration of impunity involves several steps. Here is a brief overview of how you should proceed:

  1. Application: Submit an application for an extended certificate of good conduct to your local registration office. You can also do this online. In contrast to the normal certificate of good conduct, the extended certificate of good conduct also contains additional convictions that are too minor to be included in the normal certificate. 
  2. Receipt of the certificate of good conduct: The certificate of good conduct will usually be sent to you within two to three weeks.
  3. Examination by the authorities: Your submitted documents will be checked by the relevant naturalization authorities.
  4. Additional evidence: You may need to provide additional evidence, such as certificates from abroad.

Tips for a smooth process

Here are some practical tips that can help you make the process of proving impunity a smooth one:

  • Early application: Apply for your certificate of good conduct and other necessary documents in good time to avoid delays.
  • Check completeness: Check all documents for completeness and accuracy before submitting them.
  • Timely communication: Maintain close contact with the responsible authorities and clarify any open questions at an early stage.
  • Professional advice: Consider getting help from a lawyer or counselor to make sure you meet all the requirements.

Very important for you: The naturalization authority will only process your application once the investigation into your criminal record has been completed. Check the file number carefully for the following points:

  • Just numbers: The case is with the police.
  • With "Js": The case is with the public prosecutor's office.

With this control, you know exactly where your case is at the moment and are informed about the status of your proceedings!

Your naturalization application will only be processed once the investigation procedure has been completed. Check the file number carefully. Call the relevant authority to find out more. Consider hiring a lawyer to speed up the process. Important: Inform the naturalization authority about the status of the procedure.
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Christin Schneider
Expert in Immigration law

Special cases and exceptions

Various special cases and exceptions can occur at Naturalization in Germany. It is important to know how foreign convictions are dealt with, when individual decisions are made and which special provisions apply to juvenile sentences. 

Dealing with foreign convictions

If you have been convicted abroad, it is important to understand how these convictions are taken into account in the German naturalization process:

  • Consideration of foreign convictions: Convictions abroad are only taken into account if the offense is also considered punishable in Germany.
  • Proportionality: The foreign conviction must have been pronounced in a constitutional procedure and the sentence must be proportionate.
  • Expungement: Foreign convictions that would have to be expunged according to the Federal Central Register Act can no longer be taken into account.

Case-by-case decisions for minor overruns

In certain cases, the limits for exemption from punishment may be slightly exceeded. Decisions may be made on a case-by-case basis:

  • Minor overruns: If the penalty or the sum of the penalties slightly exceeds the limit, it can be decided on a case-by-case basis whether these are to be disregarded.
  • Discretionary decision: The competent authorities have a certain amount of discretion here and can take the individual circumstances into account.
  • Proof of remorse and rehabilitation: Show that you have done nothing wrong since the conviction and that you have integrated into society.

Individual case decisions offer you the opportunity to have a chance of obtaining a Naturalization despite minor convictions.

Special provisions for juvenile sentences

Special provisions apply to juvenile sentences, which differ from the regulations for adults:

  • Educational measures and correctional measures: Convictions under the Juvenile Courts Act are generally disregarded.
  • Juvenile sentence of up to two years: If enforcement has been suspended on probation or deferred in accordance with Section 35 of the Narcotics Act, this sentence will not be included in the criminal record.
  • Removal of the penalty: If the penalty has been declared removed by a court or through clemency, the conviction is not taken into account.
Proof of impunity for Naturalization?
Do you want to naturalize and don't know how to prove your impunity for Naturalization ? Take our free test! We will get back to you and show you how you can prove your impunity and become a German citizen as quickly as possible!

Conclusion on impunity for the Naturalization

As you can see, the issue of impunity is very complex. We have summarized the most important points for you here.

Important findings and key points of impunity

  • Prerequisites: Impunity is a key prerequisite for Naturalization in Germany.
  • Exceptions: Certain minor penalties are not taken into account, such as educational measures, fines of up to 90 daily rates and suspended sentences of up to three months.
  • Procedure: Proof is provided by an extended police clearance certificate.
  • Special cases: Foreign convictions and juvenile sentences are subject to special regulations and individual case decisions are possible.

Recommendations for applicants

  • Apply for documents in good time: Make sure that you obtain all the necessary documents in good time.
  • Take advantage of advice: Consider getting support from a lawyer or a counseling center.
  • Be honest: Do not provide incomplete or false information in order to avoid legal consequences.
  • Prepare well: Inform yourself thoroughly about the legal requirements and prepare for possible questions.
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FAQ - The most frequently asked questions about impunity

A declaration of impunity is proof that there are no criminal convictions against you that could prevent you from Naturalization .

You can prove that you have no criminal record by submitting a current extended police clearance certificate or by submitting a closed investigation.

Exemption from punishment means that you have not been convicted of any serious criminal offenses.

A person who has not been convicted of a serious criminal offense and whose minor convictions are disregarded under certain conditions is exempt from punishment.

They can be naturalized if they have been sentenced to educational measures, fines of up to 90 daily rates or prison sentences of up to three months suspended and remitted.

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