germany traffic
Can I be fined for the intention to commit a traffic violation, after the police prevented me from carrying through?
<p>After having stopped at a red traffic light, seeing the intersection empty, I was about to get on by bike and turn right when a police officer behind me informed me that doing so would mean a €100 fine¹, so I walked around the corner and then got on my bike there.  I did not get fined.  Which makes me wonder:</p>

<p>Can the police officer issue a fine for clearly <em>intending</em> to commit a traffic violation, even if the police officer prevented me from doing so?</p>

<hr>

<p>¹Although a general "right turn on red allowed for cyclists" has been discussed, such is currently not allowed in Germany.</p>

<h1>General Question</h1>
<p>Having an intention is never enough for punishments (both <em>Strafe</em> and <em>Bußgeld</em>) of the German state. But having an intention and be right at the start of doing the offense (details are complicated) is sometimes punished as an attempt of the offense (<em>Versuch</em>). This is defined in § 13 <a href="https://www.gesetze-im-internet.de/owig_1968/" rel="nofollow noreferrer"><em>Ordnungswidrigkeitengesetz</em></a> (<a href="https://www.gesetze-im-internet.de/englisch_owig/" rel="nofollow noreferrer">Act on Regulatory Offences</a>).</p>
<blockquote>
<p>§ 13 OWiG (= §§ 22-24 <a href="https://www.gesetze-im-internet.de/stgb/" rel="nofollow noreferrer"><em>Strafgesetzbuch</em></a> (<a href="https://www.gesetze-im-internet.de/englisch_stgb/" rel="nofollow noreferrer">Criminal Code</a>))</p>
<p>(1) Whoever, in accordance with his understanding of the act, takes a direct step towards the realisation of the factual elements of the offence, shall be deemed to have attempted a regulatory offence.</p>
<p>(2) The attempt may be sanctioned only if expressly provided by law.</p>
<p>(3) If the perpetrator voluntarily renounces further execution of the act or prevents its completion, he shall not be sanctioned for attempt. If the act will not be completed without the contribution of the abandoning party, his voluntary and earnest efforts to prevent its completion shall be sufficient.</p>
<p>(4) If more than one person participates in the act, the one who voluntarily prevents its completion shall not be sanctioned for an attempt. However, his voluntary and earnest efforts to prevent the completion of the act shall suffice if the act is not completed without his contribution or is committed independently of his earlier participation.</p>
</blockquote>
<p>If you started the offense but stopped, so you don't fulfill offense, you don't get sanctioned, if you stopped <strong>voluntarily</strong> (<em>freiwillig</em>), § 13 III OWiG. (The details are more complicated.) This may be the case in your example, but beeing seen by a police officer is no reason for <em>Freiwilligkeit</em>. So you may have attempted the offence.</p>
<p>But an attempted offence gets only sanctioned if this is expressly provided by law, § 13 II OWiG. <strong>This is provided for no traffic violation.</strong> (But for some of the <em>Straftaten</em> in context of traffic, e.g. § 315b StGB <em>Dangerous disruption of road traffic</em>.)</p>
<p>So the answer to your question is a clear: <strong>No</strong></p>
<h1>Specific aspects of your case</h1>
<p>I have searched the norms for your case, a red light offence for cyclist:</p>
<ul>
<li>§ 37 II Nr. 1, Nr. 2, Nr. 6 <a href="http://www.gesetze-im-internet.de/stvo_2013/" rel="nofollow noreferrer"><em>Straßenverkehrsordnung</em></a>: the rules for traffic light</li>
<li>§ 49 III Nr. 2 StVO: declaring violations of § 37 StVO as regulatory offences (legal basis: § 24 I <a href="http://www.gesetze-im-internet.de/stvg/" rel="nofollow noreferrer"><em>Straßenverkehrsgesetz</em></a>)</li>
<li>Nr. 132a Anlage 1 <a href="https://www.gesetze-im-internet.de/bkatv_2013/" rel="nofollow noreferrer"><em>Bußgeldkatalog-Verordnung</em></a>: sets 60 € fine for red ligth violations of cyclists (legal basis: § 1 I BKatV)</li>
<li>Nr. 132a Anlage 1 BKatV: sets 100 € fine for red ligth violations of cyclists after at least one second</li>
<li>Nr. 3.2.19 Anlage 13 <a href="http://www.gesetze-im-internet.de/fev_2010/" rel="nofollow noreferrer">Fahrerlaubnis-Verordnung</a>: sets fine of one point in <em>Fahreignungsregister</em> (driving ability register) for these offences (legal basis: § 40 FeV)</li>
</ul>
<p>In none of these laws a sanction for attempt is defined.</p>
<p>I'm not sure what you did after getting of your bike, you migth have violated the red ligth walking. For this you can get a 5 € fine (Nr. 130 Anlage 1 BKatV), strictly speaking not a <em>Bußgeld</em> (fine), but only a <em>Verwarnungsgeld</em> (warning fine).</p>
<p>But the competent authority can but doesn't have to sanction the offence, § 47 I OWiG. So the officer just didn't gave you the warning and thought it is OK.</p>
