germany trespass
Fence with no signs in Germany
<p>Is it legal to trespass the fence (with little passage in it) with no signs, if there's no buildings behind it (for example, construction site)?</p>

<p>Update: the picture of a passage. No signs at all, only the fence. It is just empty construction site. If its illegal, what is the punishment for the trespassing of such a thing?
<a href="https://i.stack.imgur.com/vOYHe.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/vOYHe.jpg" alt="little passage"></a></p>

<blockquote>
<p>Is it legal to trespass the fence (with little passage in it) with no
signs, if there's no buildings behind it (for example, construction
site)?</p>
</blockquote>
<p>As usual, it depends, but probably not. By entering the property you would probably commit <em><a href="https://de.wikipedia.org/wiki/Hausfriedensbruch_(Deutschland)" rel="nofollow noreferrer">Hausfriedensbruch</a></em> (trespass).</p>
<p>According to German law, <em>Hausfriedensbruch</em> applies not only to a building, but any &quot;enclosed property&quot; (<em>&quot;befriedetes Besitztum&quot;</em>). So in this case the question is whether the site qualifies as a &quot;befriedetes Besitztum&quot; in the legal sense.</p>
<p>There is no complete list of criteria for that, but the general
rule is that <em>the property is physically protected from access</em>. For example, a fenced-in lawn would count (even if the fence is easy to step over), while a temporary barrier (such as a plastic chain) in an otherwise public passage would not. There is no requirement for there to be a building, thus it does not matter that the construction site is empty.</p>
<p>So in your case, you would likely commit <em>Hausfriedensbruch</em> by entering the property, unless the passage is obviously intende to allow access to anyone (and is not just an accidental opening).</p>
<p>The penalty for <em>Hausfriedensbruch</em> is up to one year of prison (though in many cases you'll probably get away with a fine).</p>

<p>Is it legal to trespass? No.</p>

<p>Whatever else exists on the property is irrelevant. You do not have the right to enter the property, and no reasonable person would think you did, by virtue of the fact there's a fence there to mark the boundary and stop people entering.</p>
