Resisting Law Enforcement Officers (§ 113 StGB) – Elements, Penalties and Defense

In brief: Resisting law enforcement officers under § 113 StGB – offering resistance to an enforcement act by force or by threatening force – is punishable by up to three years of imprisonment or a fine. A physical assault on enforcement officers (§ 114 StGB) even ranges from three months to five years. The decisive lines of defense are the lawfulness of the official act, the concept of force (mere flight does not suffice) and the capacity for guilt. Many proceedings can be discontinued.

The accusation typically arises in heated situations – during an arrest, a traffic or identity check, an eviction order or at the margins of assemblies, frequently under the influence of alcohol. Because the offense attaches to everyday encounters with the police, the boundary between punishable resistance and merely non-cooperative behavior is often narrow. This article explains the elements, the sentencing range and the concrete options for action.

Statutory Framework: §§ 113, 114, 115 StGB

Since the 2017 reform, resistance and physical assault are regulated separately:

• § 113 – resisting enforcement officers: whoever offers resistance to an official engaged in an enforcement act by force or by threatening force – imprisonment up to three years or a fine.
• § 114 – physical assault on enforcement officers: a physical attack during an official act – imprisonment from three months to five years. Here a physical attack already suffices, without any resistance to a concrete enforcement being required.
• § 115 – equal treatment: the protection also extends to persons with enforcement powers and – via § 115(3) – to fire services, civil protection, rescue services and emergency doctors.

In especially serious cases (§ 113(2), correspondingly for § 114) the penalty is six months to five years. This regularly applies where the offender or another participant carries a weapon or a dangerous instrument, where the offender brings the person attacked into danger of death or of serious harm to health through an act of violence, or where the act is committed jointly with another participant.

Elements in Detail

Force or Threat – and What Does Not Suffice

§ 113 requires an active exertion of force against the person of the officer (such as tearing away, pushing off, bracing or pressing against) or a threat of force. Mere flight, going limp or passively withdrawing do not suffice – whoever only runs away or behaves passively offers no punishable resistance. This distinction between active force and passive behavior is frequently the core of the defense.

Lawfulness of the Official Act

A central requirement is the lawfulness of the enforcement act. If the official act was not lawful, the offense is not punishable under § 113 (§ 113(3)). What matters is the criminal-law concept of lawfulness, which is not identical with the administrative-law concept: decisive are the territorial and subject-matter competence of the officer, compliance with essential formalities and the proper exercise of discretion. Errors in the measure – such as an inadmissible search, an unlawful eviction order or a taking into custody without a legal basis – can eliminate criminal liability.

Subjective Elements and Error

Intent is required. If the accused mistakenly assumed that the official act was not lawful, it must be examined whether this error was avoidable (§ 113(4)); an unavoidable error excludes liability, an avoidable one may mitigate the sentence.

Typical Cases

Resistance frequently occurs during an arrest or the application of handcuffs, during traffic and identity checks, during an eviction order or a taking into custody, and at the margins of assemblies and celebrations. Very often substantial intoxication plays a role, which can be significant for the capacity for guilt. Not infrequently a charge of assault is at issue at the same time, so that the classification of the act as resistance or as assault must be examined precisely.

Course of the Proceedings

The proceedings usually begin with a report by the officers involved, on which the prosecution bases the allegation. Because the officers are at the same time witnesses, the critical evaluation of their statements – and of any body-cam recordings or witnesses – is central. At the end of the investigation there is either a discontinuance, a penalty order or a charge before the Local Court.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

Make no statement on the matter without defense counsel (§ 136 StPO). Only file inspection (§ 147 StPO) shows how the officers describe the course of events – their statements must be critically examined.

2. Attack the Lawfulness of the Official Act

If the measure was unlawful, criminal liability under § 113 falls away. The competence, formalities and discretion of the officers must therefore be examined closely.

3. Concept of Force: Passive Resistance

If there was only passive behavior, a withdrawal or a flight, the force against the person required by the provision is missing.

4. Self-Defense Against Unlawful Measures

Against an unlawful official act, a right of self-defense may exist within narrow limits. The requirements must be examined carefully and documented.

5. Capacity for Guilt

In the case of substantial intoxication or an affective exceptional state, diminished capacity for guilt (§ 21 StGB) and thus a sentence reduction may come into consideration.

6. Seek Discontinuance

Especially for first offenders and minor consequences, a discontinuance under § 153 or § 153a StPO – often against a monetary condition – is a realistic aim. A penalty order also comes into consideration and keeps the matter out of a public main hearing.

Consequences of a Conviction

Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule from more than 90 daily units of a fine or more than three months of imprisonment (§ 32 BZRG). For civil servants and certain professions, even minor previous convictions can have consequences; for foreign nationals, residence-law consequences are possible. A prison sentence of up to two years can be suspended on probation (§ 56 StGB).

Frequently Asked Questions

Is running away already resistance?

No. Mere flight or passive withdrawal does not suffice. An active use of force against the person of the officer, or a threat of force, is required.

What if the police measure was unlawful?

If the official act was not lawful, the offense is not punishable under § 113 (§ 113(3)). The lawfulness must therefore be examined closely.

Can the proceedings be discontinued?

Yes, for first offenders and minor consequences a discontinuance under § 153 or § 153a StPO is frequently possible.

What is the difference from § 114 StGB?

§ 114 covers the physical assault on officers during an official act and, at three months to five years, has a considerably higher range than resistance under § 113.

Does the protection also cover the fire service and paramedics?

Yes. Via § 115(3) StGB, fire services, civil protection, rescue services and emergency doctors are placed on an equal footing with enforcement officers.

How We Can Help

In resistance cases, the concept of force and the lawfulness of the official act decide criminal liability. Those who remain silent early, have the officers’ statements and the measure examined and seek discontinuance can achieve a great deal. We defend you in Bonn and throughout the Rhineland; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026