Oktoberfest in Munich is not only the world’s most famous folk festival – it’s also an event governed by a host of rules and safety measures. Over the years, we have represented many clients who ran into legal trouble during Oktoberfest. To help ensure that your experience stays safe, we’ll explain what to watch out for, how the police respond in practice, and how you can assert your rights as a visitor in Germany.
Basic information
- The 190th Oktoberfest will take place from September 20 to October 5, 2025, on Munich’s Theresienwiese.
- Details about opening hours, transportation, and entry rules can be found on the official site: www.oktoberfest.de/en
Safety rules at the Theresienwiese
To keep the festival peaceful and safe for everyone, strict security measures are in place:
- The festival grounds are fenced, and entry is only possible through controlled access points.
- Bags are limited to 3 liters in volume or 20x15x10 cm in size. Larger items must be left at storage stations.
- Permitted: small bags, wallets, lipstick, keys. Prohibited: glass bottles, weapons, or dangerous items.
- Glass bottles are banned throughout the grounds, also to reduce the risk of injury.
- Smoking or vaping is prohibited inside the tents. Designated smoking areas are available outdoors.
- During Oktoberfest, special bans on weapons and hazardous items apply in parts of Munich (e.g. train stations).
What could get you into legal trouble?
Even if you come just to celebrate you may unexpectedly find yourself in conflict with the law. You may need a criminal defense lawyer at Oktoberfest in Munich — sometimes faster than you’d imagine. Common situations leading to police intervention include:
- Alcohol-related escalation: aggressive behavior, property damage, or harassment.
- Driving under the influence of alcohol or drugs: police conduct targeted checks around the festival.
- Possession or use of drugs: even small amounts can have consequences. Possession of hard drugs such as cocaine or others often leads to immediate arrest and, depending on the amount, pre-trial detention.
- Sexual harassment: lewd comments, unwanted touching, or even assaults are prosecuted, particularly when alcohol is involved.
- Assaults and fights: disputes among intoxicated guests occur regularly. A fight can be classified as aggravated assault depending on how it unfolds.
- Attacks with beer steins: striking someone with a heavy beer mug is considered attempted homicide due to the severe risk of injury. In the past, such cases have resulted in multi-year prison sentences.
- Theft: just walking off with a beer stein counts as theft.
- Fraud: for example, deliberately skipping out on a taxi fare.
- Public disturbance or harassment: loud or offensive conduct can be criminalized.
- Possession of weapons: even carrying a pocketknife can cause legal trouble.
Your rights if stopped or arrested
If you are stopped, detained, or faced with criminal charges, you are entitled to the following rights:
📌 Right to be informed of the accusation
You have the right to know why you are being stopped or arrested.
✉️ Ask calmly and clearly and about the specific allegation.
📌 Right to a lawyer
You may immediately request a lawyer. Police must then postpone questioning.
✉️ Do not make any statements without counsel present. It’s besto to contact a Munich-based defense lawyer directly from Oktoberfest.
📌 Right to an interpreter
If you do not understand German well, an interpreter must be provided.
✉️ Actively insist on this.
📌 Protection from excessive police force
Police may act only within the limits of the law.
✉️ Stay calm. If necessary, request use of the body camera.
📌 Right to remain silent
You do not have to answer questions – and you may even provide false information.
✉️ Remaining silent is often the best defense.
Mistakes you should absolutely avoid
- Do not resist! Even verbal resistance can be considered a criminal act.
- Do not run or provoke! This escalates the situation and may lead to detention.
- “It was just a joke” doesn’t help! Such statements can be treated as confessions.
- Do not sign anything you don’t understand! Especially if intoxicated: make clear to police if you are unable to comprehend documents.
How we can help
Our law firm is specialized in German criminal law. For over 22 years, we have represented clients who faced legal issues during Oktoberfest.
We offer:
- 24/7 emergency contact via WhatsApp
- Defense in Munich and the surrounding area
- Communication in English, German, and Italian
- Cooperation with local consulates
FAQ – Frequently Asked Questions
❓ What should I do if I’m arrested?
🔹 Stay calm, ask for a lawyer, don’t sign anything, remain silent.
❓ Can I leave Germany if I have been charged?
🔹 It depends. An lawyer can check whether a travel ban is in place.
❓ What is a bail (“Sicherheitsleistung”)?
🔹 A bail payment may avoid detention. It is often advisable – and we handle reimbursement.
❓ Do I have to go to court for a minor offense?
🔹 Not necessarily. A fine may resolve the matter.
❓ What are the consequences of a conviction?
🔹 A criminal record, possible notification to your home country, travel restrictions.
Preparation & practical tips for Oktoberfest – from a defense lawyer
- Always carry your ID or passport.
- Save our phone number in your phone.
- Let a trusted person know about your plans to visit Oktoberfest.
- Arrange your way home in advance – don’t risk by driving under the influence.
- Oktoberfest beer is stronger than expected. Drink responsibly.
- If in trouble: no statements, no signatures! Contact a lawyer immediately.
- You may reach out via our contact page after the festival.
- Book an initial consultation.
Author: Salvatore Barba, German lawyer, specialist in criminal law and criminal defense counsel, Barba & Partner Rechtsanwälte PartGmbB, Munich
Note: This article is for general informational purposes only and does not replace individualized legal advice.