Joking Around Police Officers in Germany and What It Can Cost You

That's hooliganism! Fifteen days for you!
"Operation Y and Shurik's Other Adventures"

Some will say that the need to scrupulously follow the rules of public order in Germany today is nothing more than a myth. Yet there is no smoke without fire: strict customs, grounded in a body of legislative rules that apply in Germany to those who breach public order, genuinely do exist. Over the centuries, Germans have built up an entire system of behavioural values and legally enshrined rules that neither citizens of the country, still less foreigners, are advised to break. As a rule, these are grounded in basic courtesy, respect for those around you, loyalty and cleanliness. These rules apply even more strongly to behaviour towards law-enforcement officers carrying out their official duties. So anyone who decides to "let loose" in a public place needs to understand that actions running counter to the rules and standards set by law carry certain consequences, and that there is definitely no negotiating "by the rules of the street" in this country. Offences in the form of disorderly conduct have two sides to them. On one hand, such acts expose the offender to administrative or criminal liability (depending on the severity of what was done). On the other hand, where material or non-material damage is caused, the offender also faces civil liability, meaning the obligation to compensate in full for the harm caused by their actions.

Each of us has probably found ourselves, at least once in our life, in some absurd and strange situation. It's fine if it passes without any negative consequences. It is far worse to become a hostage to circumstances that result in being accused of an administrative offence or even a crime, and, on top of that, receiving a claim for compensation running into several thousand euros. If this has already happened to you, don't waste time — turn to an experienced attorney you trust. Even if the situation looks hopeless to you and you have already resigned yourself to facing punishment, in the vast majority of cases an attorney will be able to suggest a way forward that may not spare you punishment entirely, but will ensure you bear it strictly to the extent you actually deserve, taking into account all the circumstances of the case. In our legal practice there have been many instances where what looked like the most hopeless situation was rescued through the swift and skilful action of a professional attorney. What happened to one of our clients — let's call him Valeriy — is one such example of a successful case.

We represented our client's interests in civil proceedings brought against a young man, in a case concerning harm to the health of a person who was a civil servant. The essence of the case was as follows. Our client, originally from one of the republics of the former Soviet Union, had moved to Germany around five years earlier under the "Late Resettlers" (Spätaussiedler) programme. In his years living in Germany he had managed to achieve a good deal — he had started a family with two children, found a job, and made several close friends. Every Friday evening, he would traditionally meet up with his friends. The young men would have dinner together, have a few drinks, joke around and discuss the latest news. Afterwards, the cheerful group would usually move on to a nearby bar or club, where they would let loose properly, before heading home well after midnight to spend a quiet weekend with their families. One Friday in January was no exception: after a hard working week, Valeriy met up with his friends, in high spirits and in the mood to celebrate. After a good dinner with drinks at a restaurant, the guys decided to walk to the nearest bar to keep the evening going. Along the way, they joked and laughed loudly, swapping stories from their lives. Then one of the friends came up with a reckless idea for a bet: he promised to hand over 500 euros on the spot to whoever dared, on that January evening, to strip down to their underwear on the street, climb a lamppost, and belt out the song "Katyusha" at the top of their lungs for the whole street to hear. One might think common sense would have stopped any reasonable person from doing something like that, but unfortunately, by that point the amount of alcohol already "on board" had well exceeded any sensible limit. To show his friends how bold, brave and daring he was, Valeriy, without a second thought, quickly stripped off all his clothes in the sub-zero temperature outside. The friend who had proposed the bet, realising how serious his friend was about it, even shouted that it had only been a joke and that he didn't have any 500 euros, but by then it was too late — Valeriy was already hard to stop. So he stripped down to his underwear, climbed as high as he could up a lamppost, and began belting out a popular Russian song at the top of his voice. Meanwhile his friends sang along in unison and danced, clapping merrily. Passers-by on the street where this reckless performance by a group of fairly drunk young men was taking place reacted in different ways: some walked past barely paying attention, some "supported the performer" with approving whistles, and some called on the worked-up young man to observe public order. Naturally, this kind of "entertainment" could not go on for long in Germany. Before too long, a "spectator" decided it was necessary to call the police to the scene of the "performance" straight away. Unfortunately, the police managed to arrive while the show was still going on. Naturally, they quickly got the "performer" off his "stage," made him get dressed, and took him to the nearest police station to draw up the relevant arrest and interview report. Things might have turned out without such negative consequences had Valeriy, still not sober, behaved in a more restrained manner during the arrest and the journey to the station. In fact, although he did not openly resist, during the arrest he flailed his arms about, shouted out words of indignation in Russian, and dug his heels in as he was walked down the street. Unfortunately, on the way to the station he "managed" to spin round abruptly and catch one of the police officers under the chin with his elbow. This turn was so unfortunate that the blow landed on the officer's lower jaw. This later led to even more negative consequences for Valeriy. Besides the criminal case for disorderly conduct, which, as a first offence, threatened him with a substantial fine, Valeriy also faced a civil claim seeking compensation for personal injury and non-material damage caused to the police officer, in the total amount of 3,000 euros.

As mentioned above, our firm's attorney represented our client's interests in the civil case concerning compensation for the harm caused to the police officer. To defend Valeriy's interests, we asked the claimant to provide evidence that harm had in fact been caused to the extent claimed. This evidence consisted of copies of documents obtained from the insurance company showing that the injured party had gone to a medical facility, where he was examined and sent for an X-ray, following which he was diagnosed with a "contusion of the lower jaw" requiring certain medical procedures. It was also recorded that the injured party complained of:

· pain localised at the site of the injury (the lower jaw), radiating to the ear and other bones of the skull;

· difficulty performing everyday actions: chewing food, yawning, coughing;

· a general deterioration in the injured party's condition.

Doctors applied a standard fixing bandage. A cold compress was also applied to help the bruising resolve more quickly.

The attorney drew attention to the fact that the visit to the medical facility took place in February, whereas the incident itself had occurred in mid-January. It would be logical to assume that, had the contusion to the lower jaw been a direct result of our client's blow during the arrest and had it really been as severe as claimed, the injured party would not have put off seeking medical treatment for so long. Moreover, the materials in the criminal case file showed that Valeriy had been escorted to the station by no fewer than four police officers at once. Given these circumstances, it is very hard to believe that the man could have swung his arm far enough to land such a serious blow to one of the officers' jaws. These and other arguments were set out in a response letter to the claim submitted. In the end, after a fairly lengthy exchange of correspondence with the opposing attorney representing the interests of the injured party and the insurance company, an agreement was reached under which our client would pay compensation of 300 euros — ten times less than the amount originally claimed.

Valeriy thanked our firm's attorney and promised to be more careful and sensible in future, especially when out with friends and drinking. We, for our part, were once again reminded that one of an attorney's key missions is, in a sense, to "rescue" clients who find themselves — deliberately or by accident — in difficult life situations requiring the professional, competent and swift action of a legal specialist. We hope our readers manage to avoid this kind of experience, but if you or someone close to you ever becomes involved in or harmed by such an incident, don't delay in turning to the relevant specialists.

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Civil Law

All rights reserved. Copying or republishing this article requires a link to the original source.