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Emergency

Accusation: resistance against enforcement officers

The accusation of resistance against enforcement officers often arises in heated situations, for example during checks or arrests. Punishable is resisting with force or threat. It is important to examine the circumstances and the lawfulness of the official act carefully.

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Anyone who resists an enforcement officer during an official act with force or the threat of force, or physically attacks them, can make themselves criminally liable (§§ 113, 114 StGB). Merely passive behavior is to be distinguished from this.
One factor is whether the official act was lawful. With mistakes about the lawfulness or in escalated situations, mitigations or a waiver of punishment may come into consideration. Access to the file is important.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first.

  2. 2

    2. Reconstruct the situation

    Record the course of events, witnesses and possible escalation.

  3. 3

    3. Access the file

    Have the accusation, injuries and the official act examined.

  4. 4

    4. Plan the defense

    Clarify the lawfulness of the measure and possible mitigations.

How to spot the scam

  • You give hasty statements on the matter without knowing the files.
  • A possible unlawfulness of the measure is not examined.
  • Additional accusations (e.g. bodily harm) are overlooked.

Frequently asked questions

What is resistance against enforcement officers?

Resisting an official act of an enforcement officer with force or the threat of force; a physical attack is covered separately (§§ 113, 114 StGB). Behaving only passively or turning away usually does not fulfill the offense.

Does the lawfulness of the measure matter?

Yes. If the official act was not lawful, that can affect the accusation. A mistake about the lawfulness or an especially heated situation can also have an effect. These points must be examined carefully in the individual case.

How do I behave with the accusation?

First make no statements on the matter and have access to the file arranged. Record the course of events and witnesses. Since such accusations are often combined with further offenses such as bodily harm, a considered, informed defense is especially important.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.