Criminal defense for Resisting Law Enforcement in Bonn

Legal Basis

§ 113 StGB

Sentencing Range

Imprisonment of up to three years or a fine

Summary

Using force or threat of force to resist a public official carrying out a lawful official act

An accusation of resisting enforcement officers under Section 113 StGB frequently arises at demonstrations, police checks or arrests. The key questions are the lawfulness of the official act and whether there was actual resistance by force. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the case file.

Resisting Law Enforcement Officers (Section 113 German Criminal Code) – Criminal Defense Against Resistance Charges

Resisting law enforcement officers is an offence that arises particularly frequently in connection with police operations, arrests, traffic stops, and demonstrations. Since the 2017 reform, penalties have been significantly increased and a new offence of assault on law enforcement officers (Section 114 StGB) has been created. For expats in Germany, understanding this provision is critical, as cultural differences in interactions with police can lead to misunderstandings with serious legal consequences.

Statutory Text – Section 113 StGB

Paragraph 1: Whoever resists a public official or soldier authorised to enforce laws, regulations, judgments, court orders, or directives, by force or threat of force during the performance of such an official act, shall be punished with imprisonment of up to three years or a fine.

Paragraph 2: In especially serious cases, the penalty shall be imprisonment from six months to five years.

Paragraph 3: The act is not punishable under this provision if the official act is not lawful.

Paragraph 4: If the official act is not lawful and the offender recognises this, the court may at its discretion mitigate the sentence or dispense with punishment.

Elements of the Offence in Detail

Public official during an enforcement action: Protected officials include those authorised to enforce law – particularly police officers, bailiffs, regulatory authority staff, and soldiers. The enforcement action must be a sovereign measure with coercive character.

Resistance by force: Force within the meaning of Section 113 StGB is any direct physical action against the official that is intended and suitable to prevent or hinder the enforcement action. This includes breaking free, pushing, hitting, clinging, or shoving officers away.

Threat of force: The announcement of physical violence can also fulfil the elements if it is capable of deterring the official from the enforcement action.

Lawfulness of the official act (para. 3): An unlawful official act cannot be protected by Section 113 StGB. Lawfulness is assessed based on the officer’s jurisdiction, compliance with essential procedural requirements, and the absence of abuse of discretion.

Typical Methods of Commission

Resistance arises in practice through breaking free or bracing during arrests, physical resistance during identity checks, altercations during demonstrations, and resistance against exclusion orders or custody. Assault on law enforcement officers (Section 114 StGB) – active physical attack without defensive purpose – has been punished since 2017 with imprisonment from three months to five years.

Sentencing Range

Resisting law enforcement officers is punished with imprisonment of up to three years or a fine. In especially serious cases (para. 2) – particularly when carrying a weapon or acting jointly – the penalty is imprisonment from six months to five years. Assault under Section 114 StGB carries imprisonment from three months to five years.

Typical Defense Strategies

Defense against resistance charges frequently focuses on the lawfulness of the official act. If the police measure was unlawful – such as an unlawful arrest or disproportionate use of force – criminal liability under Section 113 StGB is excluded. It is further examined whether the accused’s conduct actually crossed the threshold of resistance or whether it was merely passive resistance (simply standing still, going limp). In physical confrontations, a self-defense situation may exist. BAFTEH Criminal Defense analyses bodycam footage, witness statements, and operational documentation and develops a defense tailored to the specifics of the individual case.

Summons or accusation of Resisting Law Enforcement? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Resisting Law Enforcement requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.