Obstruction of justice
The obstruction of justice ( from the English obstruction of justice also often inaccurately called obstruction of justice ) is under German criminal law, as well as the favorable treatment, receiving stolen goods and money laundering, a connection offense. It is governed by § 258 of the Criminal Code. Punishable then is the intentional or knowing thwarting the punishment of the offender or of a participant of an unlawful act. Both the frustration of law enforcement as well as the frustration of the enforcement of sentences to be included. Protected legal interest is accordingly according to the prevailing view of the criminal justice system in its task to impose penalties and enforced. Penalty is imprisonment for up to five years or a fine ( misdemeanor).
What is needed is an unlawful predicate offense, which may also have been committed through negligence. Perpetrators of obstruction of justice can never the perpetrator of the predicate offense ( as also § 258, paragraph 5) be as this. 'Procedural protection of nemo tenetur se ipsum accusare (Latin, no one is held himself to accuse, so-called self- favored-nation principle ) would be contrary to The obstruction can occur in all possible ways, for example by impeding the investigation work or by concealing the offender. Not for the protective purpose of the norm but actions without trying to hide it includes such medical treatment of the offender, the food supply in the ordinary course of business and the provision of a dwelling. It is also possible obstruction by omission. But the perpetrators of obstruction of justice would have a guarantor to the law enforcement hold. In general, this position is responsible for guaranteeing only the members of law enforcement or law enforcement authorities, so that in such cases anyway § 258a of the Criminal Code ( obstruction of justice in office) is applicable. This fact, which is the substantive protection of the principle of legality, provides for an increased penalty.
The problem is the obstruction of justice for the trial lawyers: He is responsible for the duty of the proper representation of his client; However, he may in addition cause any false statements or make any untruthful information.
The enforcement thwarting refers not only to penalties, but also to other measures, such as measures of correction and prevention. Of this there is also no exemption if the sentencing of the offender is done wrongly in the sense of a miscarriage of justice, because in law the resumption of the procedure is always possible, and the offender can be expected to follow this path. The payment of a fine by a third party instead of the perpetrator is discussed controversially in the literature as obstruction of justice. The Court rejects here the realization of the offense of obstruction of justice, while the literature review considers that the punishment should always meet the offender and the purpose would be frustrated, should another afford them.
If someone treads on a (simple ) obstruction of justice in order ( so or equivalent measures) to protect his family from punishment, so he can not be punished for this ( § 258, paragraph 6 of the Criminal Code ). Of this there is in the qualifications of obstruction of justice in office ( § 258a StGB) an exception.