General criminal law
Resisting law enforcement officers, sect. 113 StGB
Proceedings discontinued at the main hearing after an objection to a penal order
Our client was suspected of not having left an empty flat despite being asked to do so by the owners. The police were called.
As our client refused to open the door, it was opened by a locksmith. In the course of the arrest, our client physically resisted the officers.
At the main hearing it was possible to set out honestly and candidly that our client had been in an exceptional psychological situation. The presiding judge and the public prosecutor's office agreed to discontinue the proceedings under sect. 153a StPO (German Code of Criminal Procedure) subject to the conditions suggested, namely community service together with a Täter-Opfer-Ausgleich (offender-victim mediation).
The client now has no criminal record, although a penal order of 100 daily rates had originally been issued.
Provisions: § 113 StGB · § 153a StPO
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.