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Parent Category: Courts

Created on Tuesday, 25 November 2008 04:20

Last Updated on Sunday, 17 February 2013 19:03

Prosecution

This section will instruct you all about being prosecuted, behind bars, tried in court. This page will have some introducing remarks.

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What will happen if the police yell: „Halt! Stehenbleiben! Polizei!” (Stop where you are! Police!) and I run away?

That depends on the situation. If you use force against the police, shaking yourself loose for instance – then you are resisting legitimate public authority, and you are subject to a fine. If you just take off, without being held, you will be fined € 20. If your command of German is negligible and you have not been here for long, then the police may and ought to refrain from penalizing you. This will most likely only apply to policemen in civilian clothing.
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I recently got a fine for not filling the trashcans correctly. I was instructed to put paper into the blue cans, plastics with the “green dot” into the yellow cans, etc. Is this not preposterous?

Welcome to German red-tape! No. According to German law you are obligated to help preserve nature. This is also to be done by sorting your disposals into different cans that you will find at your house. The German comedian Otto describes this rule very neatly in a scene from his movie “Otto Der Außerfriesische”: He is standing together with neighbors at their garbage can. He stopped his neighbor as she was about to throw a tea bag into bio-waste can. "You are not to dispose teabags as bio-trash." Upon the puzzled look on her face, he continued instructing her: "Order rules here! The paper tag belongs in the paper container, the metal clip belongs in the yellow container, the string is normal garbage, the tea leaves themselves, they are really bio waste!" Disobeying this rule will surely not give reason to expel you, but theoretically it could lead to a fine. However, the chances of this happening inside a normal are virtually zero.
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What is the difference between a Geldbuße, Verwarnungsgeld, and a Geldstrafe?

German agencies, that are authorized to prosecute people, consider a fine (Bußgeld) a punishment for violating an administrative regulation (Ordnungswidrigkeit). A punishment in money (Geldstrafe), however, is a penalty for committing a crime; in other words, for violating a law. If you ever come before a penal judge, he will recite your record of punishments but none of your fines. He will be influenced only by those punishments, not by any fines you may have been forced to pay for wrong parking or speeding in the past.  An admonishment with a fine is called in German legalese "Verwarnungsgeld" (§§56 et.seq. OWiG). You will have to pay for an admonishment when the police believe that just warning you is not enough to catch your attention. Why should you learn this legalese? Simple. The penalty in money (just as well as imprisonment) can hinder the prolongation of your residency or maybe even have you deported immediately. Bear in your mind, your Ausländeramt will be ex officio informed of any prosecution against you! Never will they be informed about your speeding ticket.
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When does prosecution start?

The initial phase of German criminal prosecution is the pre-trial investigation. The purpose of this investigation is to determine whether there are sufficient grounds to warrant a formal indictment against a person suspected of having committed an offense. This investigation is normally conducted by the public prosecutor, or by police authorities who are under his supervision. As far as possible, all evidence relating to the alleged offense is collected, whether it is in favor of, or against, the accused. The German authorities methodically complete each stage of pre-trial proceedings. Pre-trial detention may last several months in complicated cases. The case file is developed by obtaining judicial statements of witnesses, opinions from various experts, police investigative summaries, photographs, sketches, laboratory reports, and so on. Once the pre-trial investigation has been completed, the case will be brought to trial before the appropriate court.
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I received a “Strafbefehl” (punishment order) the other day. As I understand it, it means I have to run out and punish someone. What’s going on?

No one is ordering you to punish anybody. That is reserved to the government and its executive bodies. On the contrary, it is you, who is being punished for a minor crime. Normally, the law requires you to be heard in court before the authorities punish you. But in cases involving simple facts and legal questions, you can be sentenced to a minor punishment in a summary proceeding. Typical crimes handled like this involve no serious personal injury, petty theft, insults, minor assaults and the like.
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I disagree with my punishment! It was only a minor offense I committed. My punishment is much too high. How can I fight it?

You have two weeks time to appeal this punishing order. That means if you did not receive the Strafbefehl in a dark blue envelope then service might not be valid (§410 I 1 StPO). The postman usually gives this dark yellow envelope directly to you. Alternatively, it will be handed to any adult answering the door with your name on the bell.  
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What happens if I appeal? Do I have to appeal everything?

Your case will be tried in court. However, keep in mind that the judge does not have to reduce your sentence: he may even make it worse. There is an unwritten rule that appealing a Strafbefehl will only worsen the sentence unless you have good reasons for a reduction. In this regard, the best thing you can provide is new or extra evidence of your innocence. 
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While driving down the street, the police pulled me over. How should I behave best?

The best to do is to remain in your car, keep calm, put a smile on your face, speak friendly with them. Do not leave the car, if not asked to. Have your papers ready. If you remain calm, even though being arrested, you will be treated gently. Really, officers are mostly quite friendly.  
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Heck, I’ve  just been accused of a crime. As I’m not a German, Germany surely will not try me, or will it?

I would not count on that. All persons who commit a crime on the territory of Germany (including transit areas of German airports) are subject to prosecution by German authorities. Germany's authority to try foreigners as well as its own citizens is based upon the principle of sovereignty, which is the right of a nation to make and enforce its laws within its own boundaries.
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That’s no good news. Can my consul fetch me out of jail.

In spite of what you have seen in the movies, no government nor its representative, the consul, the United States Government nor its representative, can demand its citizen be handed over. In any case, neither arrest nor conviction deprives an alien of his consul's best efforts in protecting the citizen's legal and human rights. Your consul may only monitor the legal and human rights as well as  represent your interests in court or during prosecution. Only a German attorney is permitted to defend your against the prosecuting authorities. Upon your express wish, the police will notify your consulate and you will be visited as soon as possible. Afterwards a consular officer will then visit you periodically.
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What can a consul do for my benefit?

The consular officer will ensure that you have adequate legal representation, where guaranteed by German law. The consul will notify your family and friends of your situation, and relay requests for financial or other aid. The Ministry of Interior of your country is charged with the welfare and protection of citizens overseas. To enable the ministry to protect your legal and human rights, the consulate sends regular reports to the capital of your country, regarding the details of your arrest, the status of your trial or appeal, your health, anticipated date of release, and so forth. Consular files are compiled primarily for the purpose of providing protection and welfare to its citizens abroad, and not for law enforcement reasons.
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