Oktoberfest Arrest and Security Deposit: Rights of Foreign Suspects
Deutsche Fassung: Sicherheitsleistung auf der Wiesn – Rechte ausländischer Beschuldigter
An argument in a beer tent, a beer stein in your jacket or a heated word with the police – and suddenly officers demand a security deposit after your Oktoberfest arrest. For Munich police, this is routine with visitors who live abroad. For you, it is an emergency: you barely understand the language, your flight home is booked, and nobody explains whether you are paying bail, a fine or an admission of guilt. It is not right that criminal proceedings continue behind your back simply because you live in another country. This article explains what the security deposit (German: Sicherheitsleistung) means and how you protect your rights after returning home.
Please note: The rules explained here are not limited to Oktoberfest. They apply to anyone without a residence in Germany who is suspected of an offence – after a night out, a football match, a concert or a business trip, at any time of year.
What is a security deposit after an Oktoberfest arrest?
The security deposit is a sum of money that suspects without a permanent residence in Germany must lodge. It secures the expected fine and the costs of the proceedings. The legal basis is § 132 StPO and § 127a StPO (Code of Criminal Procedure). Paying does not end the case – the investigation continues after you have gone home.
When do police at Oktoberfest demand a security deposit?
Under § 132 StPO, you are strongly suspected, but there are no grounds for detention – the proceedings are secured anyway. Under § 127a StPO, a risk of flight would justify detention, but you are released against payment, provided no prison sentence is expected. Typical cases are offences that end with a fine.
| Typical Oktoberfest allegation | Provision | Security deposit likely? |
|---|---|---|
| Taking a beer stein (theft) | § 242 StGB | Yes, as a rule |
| Insulting security staff or police officers | § 185 StGB | Yes, as a rule |
| Simple bodily harm (e.g. a punch) | § 223 StGB | Often – depending on the injuries (see penalty for assault in Germany) |
| Resisting arrest | § 113 StGB | Possible – case by case |
| Physically attacking police officers | § 114 StGB | Rather not – minimum sentence of three months‘ imprisonment |
| Hitting someone with a beer stein | § 224 StGB | No – imprisonment likely, often pre-trial detention (see beer stein assault at Oktoberfest) |
Anyone without a residence in Germany who is suspected of an offence at Oktoberfest should expect a security deposit under § 132 StPO.
Is paying the Oktoberfest security deposit an admission of guilt?
No. The security deposit is neither a penalty nor a confession – it only secures the proceedings. Your right to remain silent under § 136 StPO remains fully intact. Many people think paying settles everything and also sign a statement. That often does damage. Under § 187 GVG, you are entitled to a free interpreter.
How much is the security deposit – and do you get it back?
The amount depends on the expected fine, the costs and your income. Payment is usually due immediately, in cash or – depending on the police station – by card. After a conviction, the deposit is offset and any surplus refunded. If you are acquitted or the case is dropped without conditions, you get everything back. Keep the receipt.
Who is the authorised recipient and why does it matter so much?
Under § 132 StPO, you must also name a person in Munich to receive court mail for you. Visitors often authorise a court employee. A document then counts as served once it reaches this person – even if you receive it weeks later or never. If you name me as your authorised recipient, you learn immediately what is happening in your case.
What happens to your case after you return home?
Usually, the prosecutor applies for a penalty order (Strafbefehl) – a written conviction without a trial. You can lodge an objection within two weeks (§ 410 StPO). The deadline starts when the order is served on your authorised recipient. Clarify early how an objection to a penalty order works. If you miss the deadline, the penalty order becomes final.
The penalty order first reaches your authorised recipient – from that moment, the deadline for an objection runs, even if you left Germany long ago.
What happens if you cannot pay or face a prison sentence?
Without payment, police may seize items you carry that belong to you (§ 132(3) StPO). Under § 127a StPO, you remain under arrest. If prison is likely – for example after a beer stein blow – no deposit is possible. Pre-trial detention due to risk of flight may follow. Read more on pre-trial detention in Germany.
How can a criminal defence lawyer act for you after Oktoberfest?
As a specialist criminal lawyer (Fachanwalt für Strafrecht) in Munich, I request the case file for you and examine whether the allegation holds up. Often, discontinuing the case is possible without you travelling back. The goal, at best, is that your money is returned, no record remains, and you remember Oktoberfest as a trip – not as a criminal case.
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.
