criminal-law germany trespass civil-legal-system continental-law
What are the laws for trespassing in Germany?
<p>Bobbi,  national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice.</p>
<p>What laws and precedent are applicable for willful trespass or similar actions in Germany?</p>

<p><strong>What laws and precedent are applicable for willful trespass or similar actions in Germany?</strong></p>
<p>It will depend on Bobbi's intentions and justification for not leaving.</p>
<p>Trespass is defined by <a href="https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1265" rel="nofollow noreferrer">§ 123 StGB</a> (non-binding translation on the official site) as:</p>
<blockquote>
<p>(1) Whoever unlawfully enters the private premises, business premises or other <a href="https://german.stackexchange.com/questions/65521/what-does-pacified-mean-in-this-translation">enclosed property</a> of another, or closed premises designated for public service or transportation, or whoever stays there without being authorised to do so and does not leave when requested to do so by the authorised person incurs a penalty of imprisonment for a term not exceeding one year or a fine.</p>
<p>(2) The offence is prosecuted only upon request.</p>
</blockquote>
<p>The <a href="https://dejure.org/dienste/lex/StGB/123/1.html" rel="nofollow noreferrer">case law</a> for § 123 StGB includes this <a href="https://openjur.de/u/2227372.html" rel="nofollow noreferrer">AG Haldensleben</a> judgement on the objective justification of trespass:</p>
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<p>A trespassing can be justified by an emergency situation if environmental activists break into an animal breeding facility in order to document violations of the Animal Welfare Act.</p>
</blockquote>
<p><sub>Also, as referred to in the comments, <a href="https://www.gesetze-im-internet.de/stgb/__124.html" rel="nofollow noreferrer">§ 124 StGB</a> increases the maximum sentence to two years if the unlawful trespass was aggravated by being carried out by &quot;crowd&quot;</sub></p>

<p><strong>What are the laws for trespassing in Austria?</strong></p>
<p><a href="https://www.jusline.at/gesetz/stgb/paragraf/109" rel="nofollow noreferrer"><strong>§ 109 StGB</strong></a> relates to trespass with force and/or violence:</p>
<blockquote>
<p>(1) Anyone who forces entry into the home of another person or threatens to use force is to be punished with imprisonment of up to one year or with a fine of up to 720 daily rates.</p>
<p>(2) The perpetrator may only be prosecuted with the authorization of the person who has violated his rights.</p>
<p>(3) Anyone who, in the manner described in Paragraph 1, enters a house, a dwelling, an enclosed space that is intended for public service or is used for the exercise of a profession or trade, or into an enclosed space directly belonging to a house, in which</p>
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<li>he intends to use violence against a person or thing located there,</li>
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<li>he or, with his knowledge, another participant (<a href="https://www.jusline.at/gesetz/stgb/paragraf/12" rel="nofollow noreferrer">§ 12</a>) carries a weapon or other means with him in order to overcome or prevent the resistance of a person, or</li>
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<li>the intrusion of several people is forced to be punished with imprisonment of up to three years</li>
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</ul>
</blockquote>
<p><a href="https://www.jusline.at/gesetz/abgb/paragraf/339" rel="nofollow noreferrer"><strong>§ 339 ABGB</strong></a> relates to non-violent trespass:</p>
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<p>Whatever the property may be, no one is authorized to disturb it unauthorized. The disturbed person has the right to demand the prohibition of the intervention and compensation for the proven damage in court.</p>
</blockquote>
<p><sub>The quoted provisions have been automatically translated by Google - my apologies if the syntax, grammar etc is wrong</sub></p>

<p>This is called &quot;Hausfriedensbruch&quot; in Germany, here is a small summary from <a href="https://de.wikipedia.org/wiki/Hausfriedensbruch_(Deutschland)" rel="nofollow noreferrer">Wikipedia</a> (Google-translation):</p>
<blockquote>
<p>The offense of trespassing is regulated in Germany in §§ 123 f. StGB and, in addition to the basic offense (§ 123 StGB), also includes the qualification of serious trespassing (§ 124 StGB).</p>
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<p>For trespassing within the meaning of Section 123 StGB, the maximum penalty is one year imprisonment, which results in a three-year limitation period according to Section 78 StGB.</p>
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