Night time

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In the legal system, nighttime is usually an 8 or 9 hour period during which official access to private homes is inadmissible or severely restricted.

Foreclosure law

In German enforcement law , the time is set between 9:00 p.m. and 6:00 a.m. ( Section 758a (4 ) ZPO ). At this "inopportune time", an enforcement act by the bailiff or enforcement officer (e.g. attachment ) in an apartment is only permitted with a judicial search order (in Austria: search warrant ). In the context of administrative enforcement , permission is granted by the enforcement authority ( Section 289 of the Tax Code ).

If this rule is violated, there is a procedural violation that can be attacked with the reminder . Given the judge the arrangement, though he was not allowed to give, which is remedy of immediate appeal possible.

Criminal Procedure Law

In German criminal procedure law , night time in accordance with Section 104 (3) StPO is the period from 9:00 p.m. to 4:00 a.m. (April 1 to September 30) or from 9:00 p.m. to 6:00 a.m. (October 1 until March 31st). During the night, apartments , business premises and pacified properties may only be searched under certain circumstances , e.g. B. in the case of prosecution in the act or in imminent danger .

night rest

In order to protect the public as far as possible, many legal systems have special regulations on noise avoidance (in Central Europe mostly from 9 p.m. or 10 p.m.). They also apply in the construction industry or for restaurants or entertainment establishments , but there are exceptions, for example, for festivals or for important public construction projects (in Austria, for example, for priority railway or tunnel construction ).

For the private sector, the issue of nocturnal disturbance of the peace is usually regulated regionally, whereby, for example, stricter standards may apply in holiday resorts than in the big city. In Germany, the punishment of inadmissible noise is regulated as an administrative offense in Section 117 (1) OWiG .

Working Hours Act

According to Section 2, Paragraph 3 of the Working Hours Act (ArbZG), nighttime only begins at 11 p.m. and continues until 6 a.m. For bakeries and pastry shops, the night time is from 10:00 p.m. to 5:00 a.m.

Air traffic regulations

Section 33 in the version of the Air Traffic Regulations (LuftVO)valid until 2015defines flights according to visual flight rules at night: The night is the period between ECET ("End of civil evening twilight") and BCMT ("Begin of civil morning twilight") . Both times are determined by the time when the sun is 6 ° above the mean horizon . They depend on the geographical location and the season.

Culture

See also