Criminal defense for Stalking in Bonn

Legal Basis

§ 238 StGB

Sentencing Range

Imprisonment of up to three years or a fine

Summary

Persistently pursuing another person by repeatedly seeking proximity, contacting, or surveilling them against their will, thereby significantly impairing their lifestyle

An accusation of stalking under Section 238 StGB often arises from a separation or a neighbour dispute and can lead to a restraining order alongside the criminal proceedings. Much turns on whether the conduct was persistent and seriously affected the victim’s way of life. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – after full access to the case file.

Stalking (Section 238 German Criminal Code) – Criminal Defense Against Stalking Charges

Stalking (Nachstellung) was introduced as a separate criminal offence in 2007 and fundamentally reformed in 2017. Since the reform, it suffices that the offender’s actions are capable of significantly impairing the victim’s way of life. Actual impairment no longer needs to be proven. For expats in Germany, understanding this offence is important as cultural norms around acceptable pursuit and contact vary significantly between countries.

Statutory Text – Section 238 StGB (Excerpt)

Paragraph 1: Whoever stalks another person without authorisation in a manner capable of significantly impairing their way of life shall be punished with imprisonment of up to three years or a fine, by persistently seeking the person’s spatial proximity (no. 1), attempting to establish contact using telecommunications or other means of communication or through third parties (no. 2), misusing personal data to place orders for goods or services or causing third parties to contact the person (no. 3), threatening the person or someone close to them with harm to life, physical integrity, health, or freedom (no. 4), or performing another comparable act (no. 5).

Paragraph 2: In especially serious cases, the penalty is imprisonment from three months to five years.

Paragraph 3: If the offender causes the death of the victim or a person close to the victim, the penalty is imprisonment from one to ten years.

Elements of the Offence in Detail

Persistent stalking: Persistence requires repeated conduct showing a certain tenacity and intensity. Individual acts generally do not suffice. A recognisable pattern going beyond isolated attempts at contact must be present.

Without authorisation: The stalking must be without the consent of the affected person and without legal authority.

Capability of significant impairment: Since the 2017 reform, actual impairment of the way of life no longer needs to have occurred. It suffices that the offender’s conduct is objectively capable of significantly impairing the victim’s way of life.

Typical Methods of Commission

Stalking manifests in diverse behaviours: constantly appearing at the victim’s home or workplace, repeated unwanted calls, messages, or emails, following and surveillance, ordering goods in the victim’s name, contacting through third parties, leaving messages on the victim’s vehicle or letterbox, and cyberstalking through monitoring on social media or use of tracking software.

Sentencing Range

Stalking is punished with imprisonment of up to three years or a fine. In especially serious cases (para. 2), the penalty is imprisonment from three months to five years. If the act causes the victim’s death, the sentence is imprisonment from one to ten years. In addition to criminal penalties, contact and proximity bans may be imposed.

Typical Defense Strategies

Defense against stalking charges first examines whether the alleged conduct actually reaches the threshold of persistence and capability of significant impairment. Isolated attempts at contact or approaching a person in pursuit of a legitimate concern do not yet constitute stalking. It is further examined whether the victim may initially have consented or whether the accused’s conduct was still within socially acceptable bounds. BAFTEH Criminal Defense comprehensively analyses the facts and develops a defense strategy that best protects the rights of the accused.

Summons or accusation of Stalking? 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 Stalking 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.