Deutsche Fassung: Widerstand gegen Vollstreckungsbeamte: Strafen, Kosten und Folgen
Resisting Police Officers in Germany: § 113 StGB Explained
An identity check that escalates, a misunderstanding in a language you barely speak, handcuffs – and suddenly you are accused of resisting police officers in Germany. Many visitors and expats are surprised how quickly German police treat a pulled-away arm or a tense body as a criminal offence. Often you were convinced you had done nothing wrong. It is not right that a few chaotic seconds should leave you with a criminal record. This article explains when resistance under § 113 StGB is punishable, which penalty you face and how you defend yourself.
Allegations of resisting police officers in Germany usually arise from situations that escalate within seconds.
What counts as resisting police officers in Germany?
You commit resistance if you use force or the threat of force against an official who is carrying out an enforcement act – typically an arrest, a search, an identity check or a removal from a place. Mostly this concerns police officers, but also bailiffs. Insults alone are not resistance, although they can be punished separately as an insult.
Is pulling your arm away already resistance?
It can be. Simply refusing to cooperate or letting yourself go limp is usually not enough. However, bracing yourself against handcuffs, pulling away forcefully, holding onto a door frame or kicking out are regularly classified as force. Where exactly the line lies depends on the details – and on how the officers describe the scene in their report.
When is resistance against the police not punishable?
The police action must be lawful. If it was unlawful, you cannot be punished for resisting (§ 113(3) StGB). If you mistakenly believed the action was unlawful, the court may reduce the penalty or refrain from punishment (§ 113(4) StGB). Courts, however, often take a broader view of what officers may do than suspects expect. This question is therefore one of the first things I examine for you.
What is the penalty for resisting police officers in Germany?
The penalty ranges from a fine to three years in prison. For first offenders without injuries, the case often ends with a fine or a suspended sentence. In especially serious cases, six months to five years in prison are possible. If your actions are considered a physical attack on the officer, a different and much stricter provision applies.
| Situation | Provision | Penalty range |
|---|---|---|
| Resisting an enforcement act | § 113(1) StGB | Fine or up to 3 years |
| Especially serious case (weapon carried, danger to life, several people) | § 113(2) StGB | 6 months to 5 years |
| Physical attack on an officer | § 114 StGB | 3 months to 5 years |
Why a push or a strike against an officer is punished so much more harshly is explained in our article on assaulting a police officer in Germany.
When is it an especially serious case?
The law names three typical examples. You or another participant carries a weapon or dangerous tool – it does not even have to be used. The officer is put in danger of death or serious injury. Or the act is committed jointly with others. In all three cases, the minimum sentence rises to six months in prison.
What happens to visitors without a residence in Germany?
After an arrest for resistance, visitors are often released against a security deposit and asked to name a recipient for court mail. The case continues after you return home and frequently ends with a penalty order. How this works is explained in our article on the security deposit for foreign suspects.
Whether the police action was lawful often decides a resistance case – this can only be assessed with the file.
Why do resistance charges often follow a complaint against the police?
Unfortunately, resistance charges sometimes appear as a counter-complaint. Anyone who reports excessive force by officers may receive a complaint for resistance in return. If you are thinking about filing a complaint against the police, speak to a defence lawyer first. The order of steps and your statements matter a great deal.
How can I help you with a resistance charge in Germany?
As your defence lawyer, I request the file and any bodycam or video footage, check whether the police action was lawful and whether your behaviour really amounted to force – in English. Until then: say nothing about the incident. The goal, at best, is that the case is dropped and a single tense moment does not turn into 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.
