Deutsche Fassung: Gefährliche Körperverletzung (§ 224 StGB) – Verteidigung durch Fachanwalt in München

Beer Stein or Bottle Assault in Germany: Dangerous Bodily Harm (§ 224 StGB)

A crowded beer hall, a push, a heavy glass stein or a bottle in your hand – within seconds, a night out in Munich turns into an allegation of dangerous bodily harm under § 224 StGB. It may have happened in a beer garden, at a football match or at Oktoberfest. Perhaps you were arrested, perhaps you are already back home, or perhaps you live here and a police summons has arrived. It is not right that a few seconds should decide your future in a legal system you do not know. This article explains what a beer stein or bottle assault means under German law, which penalty you face and how you protect your rights.

What does an allegation of dangerous bodily harm mean for you?

Dangerous bodily harm is bodily harm committed in a particularly dangerous way: with a weapon or dangerous tool, with poison, in an ambush, jointly with others, or by treatment that endangers life. For you, this means a much higher penalty than for a simple punch. Unlike simple assault, the prosecutor investigates on their own initiative – even if the victim withdraws the complaint.

Why is a beer stein assault treated so seriously in Munich?

A one-litre glass stein – standard in Bavarian beer halls, beer gardens and at Oktoberfest – is heavy and can shatter on impact. The same applies to bottles and glasses. German courts therefore regularly classify it as a dangerous tool. After blows to the head, prosecutors sometimes even examine attempted manslaughter (§ 212, § 22 StGB). For your defence, I check whether there was a targeted blow at all – or rather a scuffle, an accident or self-defence.

Under § 224 StGB, a beer stein is almost always treated as a dangerous tool – one blow can lead to a charge of dangerous bodily harm.

What is the penalty for dangerous bodily harm in Germany?

The penalty ranges from six months to ten years in prison, and from three months to five years in less serious cases. The law does not provide for a fine as such. In a less serious case, however, the court can impose a fine instead of a short prison sentence (§ 47 StGB). Sentences of up to two years can be suspended on probation (§ 56 StGB).

Will you be held in pre-trial detention as a foreign visitor?

For minor Oktoberfest offences, police often release visitors against a security deposit. With dangerous bodily harm, this is usually not enough, because a prison sentence is possible. If you have no residence in Germany, judges often assume a risk of flight (§ 112 StPO). Even then, I can apply to have the arrest warrant suspended against bail (§ 116 StPO). How the deposit for minor offences works is explained in our article on the security deposit after an Oktoberfest arrest.

What happens after an arrest and how detention can be ended is explained in our article on pre-trial detention in Germany.

What should you say to the police after a beer stein assault?

Nothing about the allegation. Your right to remain silent (§ 136 StPO) applies in full, and your silence may not be used against you. You are entitled to a free interpreter (§ 187 GVG) and to have your consulate informed (§ 114b StPO). Do not sign anything you do not understand. As a specialist criminal lawyer, I advise you to decide on a statement only after I have seen the case file.
Why you do not have to attend a police interview is explained in our article on the police summons in Germany.

Which defence options do you have against a charge of dangerous bodily harm?

Whether the allegation holds up depends on the details. For your defence, I examine in particular:

• Was the stein really used as a dangerous tool – or did it hit by accident in the crowd?
• Did several people act jointly, or did you act alone?
• Did you act in self-defence (§ 32 StGB)?
• Does severe intoxication reduce your criminal responsibility (§ 21 StGB)?
• Is there a less serious case, for example after provocation?

When German law allows you to defend yourself is explained in our article on self-defence under § 32 StGB (in German).

Does the case follow you home after your stay in Germany?

Yes. The investigation continues after you leave Germany. A trial generally requires your personal attendance (§ 230 StPO). If you are represented by a defence lawyer, the case can often be closed by a penalty order instead – even with a suspended prison sentence of up to one year (§ 407 StPO). Convictions of EU citizens are generally reported to their home country’s criminal record. A conviction may also matter for visa or entry applications.

What if you live and work in Germany?

If you have a residence in Germany, pre-trial detention is less likely. The consequences go further, however. A conviction for dangerous bodily harm usually appears in your certificate of conduct and can affect your job, your residence permit and a later naturalisation. For your defence, a less serious case or a discontinuance is therefore often the decisive target.

Criminal proceedings for an Oktoberfest assault continue after your flight home – often without you having to return to Munich.

How can I help you as your defence lawyer in Munich?

As your criminal defence lawyer in Munich, I request the case file, check the witness statements and video footage and handle communication with the prosecutor for you – in English. Many steps are possible without you travelling back. The goal, at best, is that the case is dropped, possibly against a payment (§ 153a StPO), and that a single bad night stays a bad night – not a criminal record.

What are the defence lawyer’s final tips?

Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.

Please do not talk to the police – talk to me!

Next steps:

• Contact me at +49 89 228433-55.
• You receive an appointment within 48 hours.
• We discuss your case, including an assessment of your prospects.
• Once instructed, I request access to the case file.
• As soon as the file is available, we plan our strategy together.