criminal-law privacy germany
Falsely accused of following someone in Germany
<p>I am a foreigner living in Germany for some years. Unfortunately on one public holiday, I threw some bottles in nearby trash dedicated for glass where there were not many houses. I wore a latex gloves during this process so as to not dirty my hands. I came back to my car to leave to another place. After a while I noticed a car was following me. I stopped my car in a nearby parking space. A lady from the car that was following me asked me to go near her. Suddenly she started saying I was following her with gloves on my hand etc. She said she could call the police. I explained that it could be a misunderstanding. I do not even remember seeing her face. Funny part is probably I don't think I'll recognize her if I see her next time. It could be that I live near her and maybe I could walk into her again by chance. I have no idea what I can do to protect myself here from false accusations.</p>

<p>She followed you, right? No, you can't protect from false accusations. But worst case, the police will ask you what happened, and you say what you know. Especially that you haven't followed her. And that on an earlier occasion, she followed you in her car and accused you. Don't apologise for anything because you haven't done anything wrong.</p>
<p>Since this is in the worst case her word against yours, nothing will happen. And maybe you are not the only one she accuses.</p>

<blockquote>
<p>Suddenly she started saying I was following her with gloves on my hand etc.<br />
She said she could call the police.</p>
</blockquote>
<p>Based on your account, this situation doesn't even begin - <strong>in any way, shape or form</strong> - to fulfill the main condition of <a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2263" rel="nofollow noreferrer">§238(1) Stalking (Nachstellung) StGB</a>.</p>
<p>This is, supposedly, a <strong>one time event</strong>, but a main condition is that it must have been done <strong>repeatedly</strong>.</p>
<p>Another main condition ('in a manner suited to not insignificantly restricting that person’s lifestyle') is also not apparent.</p>
<p>Should this woman do this again (<strong>repeatedly</strong>), then the sub-conditions 1 and 4 (threatening the other person ... liberty) would then be fulfilled making charges <strong>against</strong> her a possible option on your part.</p>
<hr />
<blockquote>
<p><a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2263" rel="nofollow noreferrer">§238 - Stalking (Nachstellung) - German Criminal Code (StGB)</a></p>
<p>(1) Whoever, without being authorised to do so, stalks another person in a manner suited to not insignificantly restricting that person’s lifestyle <strong>by repeatedly</strong></p>
<ol>
<li>seeking the other person’s physical proximity,</li>
<li>trying to establish contact with the other person by means of telecommunications or other means of communication or through third parties,</li>
<li>improperly using the other person’s personal data for the purpose of<br />
a)  ordering goods or services for that person or<br />
b) inducing third parties to make contact with that person,</li>
<li>threatening the other person, one of his or her relatives, or someone close to him or her with causing injury to life or physical integrity, health or liberty,</li>
<li>committing an offence under section 202a, 202b or 202c to the detriment of that person, one of his or her relatives or another person close to him or her,</li>
<li>disseminating or making available to the public a depiction of that person, one of his or her relatives or another person close to him or her,</li>
<li>disseminating or making available to the public content (section 11 (3)) suited to disparaging or negatively affecting public opinion about that person by feigning that person’s authorship or</li>
<li>committing an act comparable with nos. 1 to 7</li>
</ol>
<p>incurs a penalty of imprisonment for a term not exceeding three years or a fine.<br />
(2) ...<br />
(3) ...</p>
</blockquote>
<hr />
<p><strong>Sources</strong>:</p>
<ul>
<li><a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2263" rel="nofollow noreferrer">§238 - Stalking (Nachstellung) - German Criminal Code (StGB)</a></li>
</ul>
