Germany takes a strict stance on the importation of narcotics. Both physically bringing drugs across the border and assisting in doing so can lead to significant prison sentences. Foreign participants – from couriers to organizers – regularly come into contact with German criminal law. The case law of the Federal Court of Justice (BGH), Germany’s highest criminal court, shows how nuanced, yet strict, the evaluation of such offenses is.
1. Import: more than just driving
Anyone who brings drugs – such as cocaine, marijuana, or amphetamines – across the German border is, in principle, guilty of “importing narcotics in significant quantity” (§ 30 para. 1 no. 4 BtMG). It is not required that the offender personally transports the drugs. Even those who organize the courier, handle the logistics, or finance the transport can be considered co-perpetrators. However, the BGH has repeatedly emphasized that more is needed than just giving an order.
In a 2025 decision (6 StR 539/24), the court highlighted that only those who actually influence the course and success of the transport can be convicted as co-perpetrators. Simply instructing someone to carry out the transport is not enough; at most, it results in a conviction for incitement or aiding and abetting.
2. Aiding and abetting: the courier’s role
Couriers are often convicted as accessories, especially if they have no say in the nature or quantity of the drugs being transported. The courts distinguish between aiding and co-perpetration: those who merely drive and follow instructions, but have no control over the broader drug operation, are usually considered accessories. This applies even if the vehicle is specially modified or the courier regularly transports drugs, as long as they lack real influence.
In a 2024 case (3 StR 148/24), a woman who worked as a courier for a drug dealer transporting cannabis and cocaine was convicted only of aiding and abetting – even though she drove the vehicle and received payment. Crucially, she had no knowledge or control over the cocaine also hidden in the car.
3. Postal shipments: also considered importation
For postal shipments, importation is considered completed as soon as the package crosses the German border – even if customs intercepts it afterward. This is different in so-called “controlled deliveries,” where customs allows the package to enter Germany under surveillance. In that case, it is only an attempted import.
4. Import and trafficking: no “double punishment” defense
Importation often goes hand in hand with drug trafficking within Germany. According to established BGH case law, one offense does not automatically override the other. Importation and trafficking are treated as separate offenses and can be punished concurrently as part of a single criminal act.
Conclusion
Foreign participants in drug transports to Germany should be aware that German authorities prosecute not only couriers but also organizers and helpers – and that the bar for co-perpetration is high. Recent rulings underscore that every role in the supply chain is scrutinized – but also that the courts carefully distinguish between co-perpetrators and accessories.
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