Sexual offence law
Suspicion of exhibitionism, sect. 183 StGB
Discontinuation under sect. 153a StPO
Our client was suspected of having performed exhibitionist acts while under the influence of alcohol.
The investigation file showed that, according to the witness statements, it was not entirely clear whether the client's uncovered genitals had been visible. That, however, would be a requirement for the offence under sect. 183 StGB (German Criminal Code) to be committed (LG Koblenz 30 October 1996, 2103 Js 48515/94, NStZ-RR 1997, 104).
As the act had, however, already been partly admitted beforehand, we applied for the proceedings to be discontinued under sect. 153a StPO (German Code of Criminal Procedure) subject to the payment of a sum of money. The public prosecutor's office promptly followed this suggestion and set the payment at a sum below the 1,000 euro mark, much to the relief of our client, who now need not fear an entry in the Bundeszentralregister (Federal Central Criminal Register).
Provisions: § 183 StGB · § 153a StPO
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.