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 § 289 StGB and is sanctioned with a fine or imprisonment for up to three years.

Offense

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

• a right of usufruct according to § § 1030 ff., § 1417 , § 1649 BGB
• a lien , which can be of a legal or contractual nature:
  • the lien generally regulated in the provisions of § § 1204 ff. BGB,
  • the landlord's lien according to § § 562 ff. BGB
  • the leaseholder lien according to § 583 BGB
  • the contractor's lien according to § 647 BGB
  • the innkeeper lien according to § 704 BGB
  • the seizure lien according to § 804 , § 832 , § 930 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 § 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).

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