Fence with no signs in Germany 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)? 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?
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)? As usual, it depends, but probably not. By entering the property you would probably commit Hausfriedensbruch (trespass). According to German law, Hausfriedensbruch applies not only to a building, but any &quot;enclosed property&quot; (&quot;befriedetes Besitztum&quot;). So in this case the question is whether the site qualifies as a &quot;befriedetes Besitztum&quot; in the legal sense. There is no complete list of criteria for that, but the general rule is that the property is physically protected from access. 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. So in your case, you would likely commit Hausfriedensbruch by entering the property, unless the passage is obviously intende to allow access to anyone (and is not just an accidental opening). The penalty for Hausfriedensbruch is up to one year of prison (though in many cases you'll probably get away with a fine).
In German Law you need to give your agreement ("Willenserklärung") to a contract or in this case terms of service. This is done by telling the other part. In some cases this can also be implied by an action (example: putting your bottle of beer onto the cashiers table is an offer to buy this bottle). As a second criteria a "Willenserklärung" needs to be the exact will of the part that declares its will (the website user in this case) §§ 133, 157 BGB or that the other side (you) could only see so (not the case here as this mainly speaks of content). If you visit a website and there are terms of services, the "Willenserklärung" is only given when the user read and agreed to the terms. If he did not, the terms of service are not applied until the user agrees to them. So I would recommend to block the website until the user agreed (overlay) as you need to proof he did when in court. Additionally there are so called AGB's in Germany. Those are contracts that are used or planed for many (more than 3) uses and set by one side (you). This may apply here, so you need to follow a lot of other rules like making sure the user had access and agreed, then there are many content restrictions and so on... I recommend consulting a German Lawyer specialized on this topic as this is very complex and includes other German laws for Media too, depending on the content of your site and terms. Also note that everything said is only based on my own knowledge and can not be used as safe legal source.
Damaging someone else's property is not protected free speech in the US. Nor is using someone else's property without permission and against the owner's wishes. Scenario 3 would surely be vandalism or &quot;Malicious Mischief&quot; or some similar offense, even if the paint can be fairly easily removed. The same would be petty surely true of scenario 2, as it would take at least some effort to remove the sticker, and it could be a safety hazard until it is removed (obstructed vision). Scenario 1 would probably not be even a minor crime, unless perhaps the person trespassed to attach the string. But the person has no right to insist that the car's owner not remove the sign. I am assuming that the car is owned by someone else, and the the person placing the sign, sticker or paint acted without permission from the owner or any authorized person.
Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action. It could be dangerous for the landowner to try to remove the trespasser themselves. The owner of the land could commit several criminal offences if he forcibly removes the trespasser and his/her property from the land. The best and safest course of action is to obtain a court order, which, if breached, can then become a criminal matter. If the police do attend an incident such as this, they are merely there as observers for any possible criminal offences committed by either party. The police cannot assist in the removal of the trespassers or their property from the land in question. Emphasis mine. https://www.askthe.police.uk/content/Q56.htm
The nuisance of potentially waiting for all the traffic on the main road is a notion alien to the law. Seeing the red light, y correctly does not enter the intersection, because it would block the intersection, § 11 Ⅰ StVO. Keeping intersections clear is a general consideration, say for emergency services. Nevertheless, if safely stopping required entering the intersection, it’s not an issue here, § 4 Ⅰ 2 StVO. Stopping before entering the intersection is not a hard requirement, because the traffic lights do not regulate the intersection but an “isolated” pedestrian crossing. § 37 Ⅱ StVO concerns traffic lights at intersections. x has to yield traffic as indicated by the sign, § 8 Ⅰ StVO. Making a U‑turn or right-hand turn would be no issue, since this would not interfere with traffic (assuming properly dimensioned streets). Going straight is permissible if done with caution, § 8 Ⅱ StVO, but I would not recommend that. y might decide any moment “Eff it! I’m taking B street [Am Falkplatz].” and boom! Going left, however, is not allowed, since x had to stop short of the traffic light, which is frowned upon (blocking the intersection), but moreover it would take y’s right of way.
Is it normal under German law to just assume the accused will never go after a witness? This is not a question that can be answered here, or probably anywhere with any degree of certainty. The form seems to allow giving a different address (like a work address), but this seems to require a &quot;good reason&quot;. What are acceptable reasons? These include an imminent risk of serious detriment to her well-being and a well-founded reason to fear she (or anyone else) might be improperly influenced if she gives here address. Staying anonymous; She is asked to provide a written statement. SHORT ANSWER A witness is not obligated to give the material witness statement to the police. Instead, a witness is only obligated to appear before and make a statement to the German public prosecutor (Staatsanwalt). AND... every (potential) witness is obligated to give their particulars at the hearing, including full names, maiden name, age, occupation and place of residence. Some or all of these details may be omitted, however, if there is a specific risk. In those cases, the identity of the witness may be kept undisclosed. LONG ANSWER Book1, Chapter 6 of the German Code of Criminal Procedure, Strafprozeßordnung (StPO), gives the rules for examining, and protecting, witnesses. Section 48 (Obligations on witnesses; summons): (1) Witnesses shall be obliged to appear before the judge on the date set down for their examination. They shall have the duty to testify if no exception admissible by statute applies. (2) ... (3)... An examination shall, in particular, be made as to whether an imminent risk of serious detriment to the witness’s well-being requires measures to be taken pursuant to section 168e or section 247a, as to whether any of the witness’s overriding interests meriting protection require that the public be excluded pursuant to section 171b (1) of the Courts Constitution Act and as to what extent it is possible to refrain from asking non-essential questions concerning the witness’s personal sphere of life pursuant to section 68a (1) [see below] Account is, further, to be taken of the witness’s personal situation and the nature and circumstances of the offence. Section 68 (Examination as to witness’s identity; limitation of information, victim protection): (1) The examination shall begin with the witness being asked to state his first name, last name, name at birth, age, occupation and place of residence... (2) A witness shall, furthermore, be permitted to state his business address or place of work or another address at which documents can be served instead of stating his place of residence if there is well-founded reason to fear that legally protected interests of the witness or of another person might be endangered or that witnesses or another person might be improperly influenced if the witness states his place of residence. If the conditions of sentence 1 obtain at the main hearing, the presiding judge shall permit the witness not to state his place of residence. (3) If there is well-founded reason to fear that revealing the identity or the place of residence or whereabouts of the witness would endanger the witness’s or another person’s life, limb or liberty, the witness may be permitted not to provide personal identification data or to provide such data only in respect of an earlier identity. However, if so asked at the main hearing, he shall be required to state in what capacity the facts he is indicating became known to him. (4) ... (5) Subsections (2) to (4) shall also apply after conclusion of the examination of the witness. Insofar as the witness was permitted not to provide data, it must be ensured in the course of the provision of information from or inspection of the files that these data are not made known to other persons, unless a danger within the meaning of subsections (2) and (3) appears to be ruled out. Section 68a (Limitation of right to ask questions to protect privacy): (1) Questions concerning facts which might dishonour the witness ... or which concern their personal sphere of life are to be asked only if they cannot be dispensed with. Section 168e (Separate examination of witnesses): If there is an imminent risk of serious detriment to a witness’s well-being in the event of his being examined in the presence of persons entitled to be present and if that risk cannot be averted in some other way, the judge shall examine the witness separately from those entitled to be present. There shall be simultaneous audio-visual transmission of the examination to the latter. The rights of participation of those entitled to be present shall otherwise remain unaffected. Sections 58a and 241a shall apply accordingly. The decision referred to in sentence 1 shall not be contestable. Section 247a (Order for witness examination via audio-visual means): (1) If there is an imminent risk of serious detriment to the well-being of the witness were he to be examined in the presence of those attending the main hearing, the court may order that the witness remain in another place during the examination; such an order shall also be admissible under the conditions of section 251 (2) insofar as this is necessary to establish the truth. The decision shall not be contestable. Simultaneous audio-visual transmission of the testimony shall be provided in the courtroom. The testimony shall be recorded if there is a concern that the witness will not be available for examination at a future main hearing and the recording is necessary to establish the truth. Section 58a (2) shall apply accordingly.
You would report unpermitted lock replacement to the home owner. The building code regulates new construction and renovations, and is not a requirement of any and all residences. This seems to correspond to a "secondary suite", which is supposed to be registered with the city (if it is allowed in your city). Here is a link for Vancouver, for instance. Such suites are supposed to be registered and inspected, the inspection being carried out by Development, Building and Licencing: By-Law Compliance &amp; Administration (a division of the city government). This article discusses some of the legal problems that can arise from an illegal secondary suite, however the penalties would land on the property owner, and he may not have approved of this subletting or the basement suite. A less-nuclear first step would therefore be reporting it to the property owner.
This depends on the law of the specific jurisdiction, but there is non-trivial similarity in those rules across the US. The general rule is that the person who owns the property must maintain the property. There are often local ordinances that explicitly say that, for example this which is the legal mechanism behind this guidance on tree-trimming. A municipality can do the trimming, or they can send official letters to property owners telling them to trim the bushes. It does not matter whether the sign is on your property via an easement, what matters is where the tree is. You are not responsible for trimming your neighbor's tree if the stop sign is on your property.