Return of pledge
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 StGB and is sanctioned with a fine or imprisonment for up to three years.
- a right of usufruct according to § ff., , BGB
- a lien , which can be of a legal or contractual nature:
- the lien generally regulated in the provisions of § ff. BGB,
- the landlord's lien according to § ff. BGB
- the leaseholder lien according to BGB
- the contractor's lien according to BGB
- the innkeeper lien according to BGB
- the seizure lien according to , , ZPO is controversial, but the prevailing opinion affirms the applicability.
- a right of use that can result from the rental agreement , the lease agreement or the loan agreement . The right of use does not have to be bound in rem, it can also be of a personal nature.
- a right of retention resulting from the rules of civil law . But at least possession must be present.
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 StGB.
With regard to the thing, an own or a third-party movable physical object is necessary according toBGB.
Even the attempt of deposit return is by 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 ( (3) StGB).