criminal-law germany criminal-procedure criminal-record penal-law
Punishment for getting intoxicated in public
<p>Recently I traveled to Germany with friends and got a bit too much drunk. While walking to my hotel I fell down and damaged my foot. Police approached me, checked my ID (I am from the EU), asked if I took drugs (I said no and I didn't), helped me to book a taxi and I left. They didn't arrest me or anything of the sort, nor did they issue a ticket.</p>
<p>Now I am super scared... I am afraid that they will send me the fine by mail and report to my work...</p>
<p>What could be the punishment for that?</p>
<p>I did a research and found the following in German criminal code:
Section 323a
Intoxication</p>
<p>(1) Whoever intentionally or negligently puts themselves into a state of intoxication by consuming alcoholic drinks or other intoxicating substances incurs a penalty of imprisonment for a term not exceeding five years or a fine if they commit an unlawful act whilst in this state and <strong>cannot be punished on account thereof because they lacked criminal responsibility due to the intoxication or if this cannot be ruled out.</strong></p>
<p>(2) The penalty may not be more severe than the penalty provided for the offence which was committed in a state of intoxication.</p>
<p>(3) The offence is prosecuted only upon request, upon authorisation or request by a foreign state if the act which was committed in a state of intoxication can be prosecuted only upon request, authorisation or request by a foreign state.</p>

<blockquote>
<p>also, what is &quot;cannot be punished on account thereof because they lacked criminal responsibility due to the intoxication or if this cannot be ruled out&quot;? I can not understand</p>
</blockquote>
<p>This means that if a person, while drunk, does soemthign that would otherwise be a crime, but the person cannot be charged because s/he was too drunk to know that s/he was committing a crime, such a person can insted be charged with having become intoxicated, and given up to the same punishment that would have been given for conviction for doign the unlawful act.</p>
<p>For example, if a person damaged property while under the influence of alcohol (drunk), it might be impossible under German law to prosecute for the crime of intentionally damaging property, because one could not prove  that the person knew what s/he was doing, and knew that it was criminal.  In such a case the person could be charged with having intentionally or carelessly become drunk, but the penalty can't be more than the penalty for having damaged property would have been, nor can it be more than five years.</p>
<p>As a practical matter, I think it very unlikely that the police would seek to impose a fine if they didn't issue any ticket or other paperwork at the scene, nor mention any such intention. However, they might be legally able to do so.</p>

<blockquote>
<p>[…] I traveled to Germany […] and got a bit too much drunk. While walking to my hotel I fell down and damaged my foot. Police approached me, […]. They didn't arrest me or anything of the sort, nor did they issue a ticket.</p>
<p>[…] What could be the punishment for that?</p>
</blockquote>
<ol>
<li>It is not a crime to get drunk in public</li>
<li>But it or the things you do could be an administrative offense (<em>Ordnungswidrigkeit</em>).
<ol>
<li><em>Some</em> cities impose a general ban on consumption, carriage, and selling of alcohol during night.
For instance in downtown Bremen you could’ve been fined.</li>
<li>In general: Drunk people frequently commit “public nuisance”, <a href="https://www.gesetze-im-internet.de/englisch_owig/englisch_owig.html#p0699" rel="nofollow noreferrer">§ 118 OWiG</a>, for instance peeing in public. Here, the act of peeing is fined, though, not drunkenness.</li>
</ol>
</li>
<li>Again, getting or simply <em>being</em> drunk is neither a crime nor an administrative offense.</li>
</ol>
<blockquote>
<p>Police […] asked if I took drugs […]</p>
</blockquote>
<p>Merely being <em>on</em> drugs is neither a crime nor an administrative offense.
The <a href="http://bundesrecht.juris.de/btmg_1981" rel="nofollow noreferrer">Narcotics Act</a> punishes possession, trade, and production of drugs.</p>
<blockquote>
<p>I did a research and found the following in German criminal code: Section 323a Intoxication</p>
</blockquote>
<p><a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p3016" rel="nofollow noreferrer">§ 323a StGB</a> is bit of an anomaly in German law.
It actually punishes you if <em>the purpose</em> of being drunk (or on drugs) is to commit crimes you can’t be convicted of because the court found you incapacitated, <a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p0147" rel="nofollow noreferrer">§ 20 StGB</a>, i. e. not guilty by reasons of intoxication.</p>
<p>If you get shitfaced for “recreational purposes” and happen to damage property, you can’t be convicted of either crime;
the German society generally “approves” of drinking alcohol for “recreation” and consciously accepts the risk of the occasional troublemaker.
Nevertheless, you’re still liable to damages, but that’s tort law.</p>
