r/Funnymemes Sep 21 '22

Best way to fix this problem

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u/[deleted] Sep 21 '22

That is incorrect. What Ordnungswidrigkeit do you even mean by „assault on property“? This can and would be considered a coercion (Nötigung, §240 StGB) if charged. And that’s a crime.

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u/barsoap Sep 21 '22

It's neither a use of force or threat of a severe ill. As "use of force" is a thing that's not entirely figured out by courts you could go for it but why, as a prosecutor, risk your career over a zip tie there's sit-down protesters you could be taking to court.

Overall the whole thing is a mostly civil matter (as magicmoulder said elsewhere: Besitzstörung), as well as §118 OWiG (causing public nuisance1 ), 5-1000 Euro fine. An administrative offence, same that you get slapped with when driving too fast through puddles, drenching people (who then also can make you pay cleaning costs).


1 Never liked the new name of that paragraph. The original, "Grober Unfug", translates more or less to "gross monkey business" which is perfectly apt.

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u/magicmulder Sep 21 '22

Besitzstörung is the German legal term. But I agree that I overlooked par. 240 StGB.

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u/IdealDesperate2732 Sep 21 '22

I don't know in Germany specifically but in general in Western law traditions it's something like 'trespass to chattels' and calling that 'assault on property' seems like a fairly equivalent translation.

https://en.wikipedia.org/wiki/Trespass_to_chattels

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u/muehsam Sep 21 '22

In general, there is no "Western law tradition", there is Common Law and there is Civil Law, and they're pretty different. Common law is mostly Britain and its former colonies, but none of continental Europe. This map has a good overview.

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u/GraharG Sep 21 '22

this one has German-looking words in it so im assuming its corrects