Area of practice · Criminal defence

Versammlungs- und Demonstrationsstrafrecht

Defence against allegations arising from demonstrations, assemblies and protests.

1What is it about?

Freedom of assembly is a fundamental right protected by Article 8 of the German Basic Law. Even so, demonstrations and rallies frequently give rise to criminal allegations: breach of the public peace (Section 125 of the Criminal Code), violations of the Assemblies Act, such as wearing a disguise or carrying protective gear (Section 27 of the Assemblies Act) or disrupting an assembly (Section 21 of the Assemblies Act), resisting enforcement officers (Section 113 of the Criminal Code), or assaulting enforcement officers (Section 114 of the Criminal Code).

Particularly at larger assemblies with many participants, individual involvement in an alleged offence is often difficult to prove. Video recordings, location data and witness identifications play a central role in such proceedings and are frequently a key point of attack for the defence.

2Typical case scenarios

Allegation of breach of the public peace at a demonstration that escalated out of a crowd.
Arrest or complaint for resisting or assaulting police officers during a clearance or check.
Allegation of wearing a disguise or carrying protective equipment at an assembly.
Criminal complaint for disrupting or preventing an approved assembly.
Investigation for criminal damage in connection with a demonstration.
Identification via video recordings or photos only weeks after the assembly.

3Frequently asked questions

Do I become criminally liable simply by taking part in an assembly that turns unpeaceful?

No. Under the principle of individual responsibility that applies in assembly law, not every participant automatically becomes liable simply because violence is committed from within the crowd. As a rule, only those who themselves commit acts of violence or take part as a perpetrator, instigator or accessory are liable (Section 125 of the Criminal Code).

Am I allowed to cover my face at a demonstration?

Carrying or wearing items of disguise suited to preventing identification is generally prohibited at public assemblies and can be prosecuted as a regulatory offence or, where a specific condition is violated, as a criminal offence (Section 27 of the Assemblies Act).

What applies if I only passively resisted an arrest?

What matters is whether an enforcement action was to be prevented by force or the threat of force (Section 113 of the Criminal Code). Purely passive resistance, such as simply sitting down or refusing to leave, generally does not meet the elements of the offence. This distinction is often decisive for the defence in an individual case.

Can the police simply disperse an assembly?

Dispersal is only permissible under strict conditions, for example where there is an immediate danger to public safety (Section 15 of the Assemblies Act). Following a dispersal order, participants must leave without delay; anyone who fails to do so may be committing an offence (Section 29 of the Assemblies Act).

4How the proceedings unfold

Allegation and complaintComplaint filed by police or third parties, often based on video recordings or witnesses.
IdentificationCross-checking with photographs, location data or witness statements, sometimes only weeks after the assembly.
Investigation proceedingsQuestioning or written hearing, evaluation of photo and video material.
ConclusionDiscontinuation, a penalty order, or an indictment before the local or regional court.

5What requires particular attention

Do not make any statement on the matter during an arrest or check on the spot.
Where possible, preserve your own photo and video material of the events, it can be exonerating.
Check whether the police measure, such as a dispersal order, exclusion order or arrest, was lawful; this can be decisive for the defence.
Respond promptly to hearing letters; the deadline for a statement is often short.

6How we defend you

We first examine whether individual involvement in the alleged offence can be proven at all, and critically assess video, photo and interview material. In the case of allegations under Sections 113 and 114 of the Criminal Code, we examine whether the underlying official act was lawful, as this is a precondition for liability.

We represent you before the police, the public prosecutor’s office and the court, and where possible work towards discontinuation of the proceedings. In cases of political or public interest, we conduct the defence discreetly and with an eye to possible public impact.

Legal bases (official statutory text):

This page provides general information on German criminal law (as of September 2026) and is not a substitute for legal advice in an individual case. The law and case law may change. Different rules apply to proceedings in Switzerland.