Does legal expenses insurance pay in criminal proceedings in Germany?

Statutory fees of a chosen defence lawyer since June 2025 and published premium examples.

Criminal cover in a standard German legal insurance policy is made for people who made a mistake, not for deliberate acts. It pays your defence if you are accused of acting negligently: a car accident with injuries, a dog that bites someone, a passer by who slips on the icy pavement you should have cleared.

For offences that can only be committed intentionally, the basic cover does not pay at all. That includes fraud, theft, insult or tax evasion. Serious crimes, meaning offences with a minimum sentence of one year in prison, are excluded as well, even if you are acquitted in the end.

Traffic is a special case. If you are accused of a traffic offence such as drink driving or leaving the scene of an accident, the insurer confirms cover at first, even if the charge says intent. Your lawyer can start straight away.

The settlement comes after the judgment. If it says negligence, or if you are acquitted, the insurer keeps paying. If you are finally convicted of intent, the insurer claims back everything it has paid. Keep that in mind before you hire an expensive defence lawyer.

German defence lawyers charge under the Lawyers' Remuneration Act (RVG) within fee ranges. Since June 2025 the basic fee is EUR 48 to 432, the procedural fees in the investigation and before the local court EUR 48 to 348 each, and the hearing fee per trial day at the local court EUR 84 to 576. With mid range fees, expenses and VAT a simple case with one hearing comes to about EUR 1,200.

Many defence lawyers work with a fee agreement above the statutory fees. Standard legal insurance only pays the statutory fees; you pay the difference. Ask before you sign.

For accusations that can only be committed intentionally there is extended or special criminal cover. It pays your defence even against an intent charge, often including agreed fees up to a limit. If you are finally convicted of an intentional act, you still have to pay back.

It makes sense mainly for people with responsibility at work: managing directors, site managers, doctors, nurses, trainers, staff in environmental protection or accounting. Investigations there often grow out of daily work. For most private individuals the basic cover in the private or traffic module is enough.

A separate criminal policy does not pay off if you already have a package with private, work and traffic cover, because defence against negligence charges is usually included there. Nor does it help for something that has already happened: anything before the start of the contract is never covered.

To be honest, criminal proceedings are rare for most people. The real value lies in traffic, where an accident with injuries quickly leads to an investigation, and at work if you are responsible for others.