Disorderly conduct

Nuisance to the general public ( § 118 Administrative Offences Act, formerly called Grober mischief ) is under German law an act that is likely to disrupt the outer component of public policy directly or interfere with, so that the public is being harassed (eg Freiburg Naked runners ).

Genesis

In the Federal Republic of Germany was " utter nonsense " to the criminal justice reform in 1975 even as a transgression punishable. § 360 Paragraph 1 No. 11 of the Criminal Code of the former version ordered a fine of up to 150 German Mark or imprisonment for an offense for disorderly conduct. Today, the transgression is downgraded to a misdemeanor, which is reinforced with 118 OWiG fine between 5 and 1000 euros according to §.

The equivalent provision of § 118 OWiG N.F. is now based closely on the previous version of § 360 Paragraph 1 No. 11 of the Criminal Code aF Therefore, the existing case law to the previous standard for the interpretation of § 118 may OWiG nF be used.

Legal Significance

The subsidiarity clause of § 118 sub-section 2 arranged according to the norm other offenses. It is so far a catch-all provision to sanction behaviors that are not covered by other Ordnungswidrigkeits - facts.

The underlying purpose of the rule is unchanged, the protection of public order. § 118 Administrative Offences Act to prevent such behaviors sanction that such violated accepted rules of morality, decency and order to the extent that the general public at risk, directly or harassed and at the same time the public order by ( at least potentially ) is impaired. Since the facts of the standard is, however, still taken very vague, is mainly resorted to the law, apply to worked out casuistry.

Example cases

As utter nonsense, or as a nuisance to the general public following behaviors have been already considered, for example:

  • Walk in swimwear in the yard of a spa facility,
  • Defecate on the road
  • Spraying the passers- by driving too fast,
  • Smearing of house walls ( graffiti),
  • Disturbance of a film screening, which is allowed,
  • Indecent touching of another,
  • Cries for help ( Feuer! ) without danger exists,
  • Untrue press releases, which may lead to a disturbance of the public.
  • Jokingly, but untrue Note at a airport control on a supposed bomb in his luggage.
  • Disturbance of an official oath of the Bundeswehr
Contravention
113210
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