German Court Acquits Police Officer Accused of Planting Evidence

A 27-year-old police officer in Mannheim was acquitted of the charge of persecuting innocents (Verfolgung Unschuldiger) under the § 344 Criminal Code (StGB). The officer was accused of planting marijuana to manipulate evidence after no narcotics were found on a foreign suspect during a body search. Five bags of cannabis with a total weight of 4.55 grams were placed with the suspect’s other belongings before the officer’s colleagues drew attention to the inconsistency, and the officer was forced to admit his attempt to incriminate the suspect.

However, the Manheim District Court found that the legal elements of the officer’s charged offence – the persecution of an innocent person – had not been met due to the circumstances of the suspect’s previous record and other belongings, including over 1,000 euros in what was described as “typical dealer denomination”.

What “Verfolgung Unschuldiger” Means Under German Criminal Law

Verfolgung Unschuldiger is an offence codified in the German Criminal Code that punishes the intentional prosecution of a person known to be innocent. It is not the same as other criminal provisions designed to protect the rights of potential suspects from the falsification of official documents or evidence tampering. 

This specific offence is why the police officer, although having admitted to planting the evidence, was acquitted. The court concluded that the suspect was clearly not an “innocent person” as he had been observed in a drug-related activity by the officer and his colleague immediately before the incident, and he had prior convictions for drug dealing and theft. The significant amount of cash found on his person was consistent with the denominations that would typically be used during a drug deal. 

How the German Court Acquitted the Officer

Although witness testimony agreed that the officer had placed the drugs amongst the suspect’s belongings, the suspect’s prior convictions meant that they could not be described as “innocent” at the time when the act occurred. For a prosecution to be successful under this law, the officer would have had to know, or be virtually certain, that the suspect was innocent before planting the evidence. 

Why This Case Matters for Foreigners in Germany

This case is significant as it highlights the complexities of German criminal cases and the high standards of conviction applied in cases relating to police officers. As an expat living in Germany, it’s important to understand how police conduct and court standards inform how traffic stops, searches, and arrests are conducted, and how evidence is evaluated in court. 

Being a foreigner in Germany does not change your rights, but being unfamiliar with the German legal system can impact the outcome of cases in specific circumstances. This case also emphasises the importance of promptly contacting a lawyer if you’re detained for any reason.

Practical Takeaways for Visa Holders in Interacting with German Police

As a visa holder, it’s important to know your rights if you’re stopped or searched by police. You have the right to ask why you’ve been detained, to request an interpreter, and to contact a lawyer before making any statements. If you’re in a scenario where you suspect an officer is acting improperly, you should immediately seek legal advice and write down their badge number and name.

Are you an expat living in Germany or looking for an immigration lawyer in Berlin? You can explore our blog for more advice on applying for a work visa or book a virtual appointment with a VISAGUARD lawyer for advice on your immigration journey.