Criminal defense for Trespass in Bonn

Legal Basis

§ 123 StGB

Sentencing Range

Imprisonment of up to one year or a fine (Section 123 StGB)

Summary

Unlawfully entering protected premises or remaining against the will of the person entitled

Trespass (Section 123 StGB) – Overview

An allegation of trespass (Hausfriedensbruch) under Section 123 of the German Criminal Code (StGB) arises where a person unlawfully enters another’s home, business premises, enclosed property or certain public spaces, or remains there against the will of the person entitled. Common cases are conflicts after separations, entering business premises, or remaining after a ban from the premises.

What is trespass?

Section 123 StGB protects the right of domicile. Liability arises where a person unlawfully enters protected spaces, or stays there without authorisation and does not leave when asked by the person entitled. The right of domicile belongs to the person who may dispose of the premises – for example the tenant, owner or business operator. As a rule the offence is prosecuted only on application.

What penalties apply?

The range extends to one year’s imprisonment or a fine. In practice, cases involving first-time offenders and minor wrongdoing often end with a discontinuation – including for lack of public interest – or with a fine. The offence often gains significance in connection with other allegations such as criminal damage or coercion.

Defence

The defence examines whether the accused acted without authorisation at all, who held the right of domicile, whether a valid ban existed, and whether a valid criminal complaint was filed. The key often lies in presumed or actual consent. The case file should be inspected before any statement.

Frequently asked questions

Is trespass always prosecuted? As a rule only on application by the person entitled, unless there is a special public interest.

Is remaining after a ban from the premises punishable? Yes, staying without authorisation and not leaving when asked can constitute trespass.

What sentence does it carry? Up to one year’s imprisonment or a fine; minor cases often end with a discontinuation or a fine.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: After a separation, an ex-partner enters the former partner’s flat with an old key although she has expressly forbidden him access. Entering against her recognisable will satisfies Section 123 StGB. If, by contrast, he still had legitimate joint possession of the flat, the unlawfulness is missing.

A particularity is the right of domicile in semi-public spaces such as shops, stations or pubs: here the offence becomes relevant above all where a valid ban from the premises has been issued and the person returns nonetheless. The offence is prosecuted only on application, so a missing or late criminal complaint ends the case.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Trespass? 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 Trespass 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.