Resistance to state power
As civil disorder , the German summarizes the Criminal Code to a public official within the meaning of § 11 para. 1 no. 2 of the Criminal Code and his assistant or a Bundeswehr soldiers in the lawful exercise of office by force or threat rendered resistance and the crimes committed against him assault together .
The individual facts protect the enforcement of the state's interest in enforcement and the monopoly of force .
Germany
In Germany , resistance to state power includes the elements of public incitement to criminal acts ( Section 111 StGB), resistance against enforcement officers ( Section 113 StGB), assault on enforcement officers ( Section 114 StGB), resistance against and assault on persons who are equal to enforcement officers (§ 115 StGB), release of prisoners ( § 120 StGB) and prisoner mutiny ( § 121 StGB).
Criminal acts of resistance are to be distinguished from the right of resistance from Article 20, Paragraph 4 of the Basic Law , according to which all Germans have the right to resist anyone who undertakes to abolish the constitutional order laid down in Article 20 of the Basic Law.
Austria
In Austria , any hindrance of an authority or an official from a lawful official act as well as the compulsion to an official act through threat or violence counts as resistance to the state authority. This can result in imprisonment of up to three years, in particularly serious cases up to five years ( Section 269 of the Criminal Code ). As a resistance to state power, if several officials acting in an official capacity who are pursuing a common goal are hindered uno actu, for example the official act of arresting and fixing the accused on the ground is only carried out once.
Switzerland
In Switzerland , the resistance against state authority according to Art. 285 f. of the Swiss Criminal Code.
