Return of pledge

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The return of pledge is the criminal frustration of a lien , a right of usufruct , a right of use or a right of retention . The return of pawns is punishable under German law according to § 289 StGB and is sanctioned with a fine or imprisonment for up to three years.


The transfer of pledges protects those who are not the owners , but who have a subjective right to the thing . One such civil right is

The act is a thwarting, which basically lies in the literal removal . This frustration must be in favor of the owner of the thing. If the perpetrator acts in his own interest, there may be a theft according to § 242 StGB.

With regard to the thing, an own or a third-party movable physical object is necessary according to § 90 BGB.

In addition to intent , the unlawful intent to act is also necessary on the subjective side.

Even the attempt of deposit return is by § 289 punishable para. 2 of the Criminal Code. Furthermore, a criminal complaint by the injured party, i.e. the person entitled to lien, is always necessary ( Section 289 (3) StGB).