Disorder
As order perturbation (actually disturbing public order ) in is Austria a criminal, especially reckless behavior indicated that the public order disturbing unjustified. Behavior that lacks the necessary consideration for the legitimate interests of fellow human beings can be described as reckless . In other words, it is that behavior that violates those unwritten rules for the conduct of individuals in public, the observance of which is seen as an indispensable prerequisite for a prosperous coexistence. However, "special" ruthlessness is required, which must be assessed on a case-by-case basis. Anyone who disturbs others in exercising or claiming their fundamentally guaranteed rights is usually particularly inconsiderate. Who z. B. disturbs peaceful political events or disturbs others in the practice of religion, behaves factually .
Other examples of particularly reckless behavior:
- Insults
- loud screaming, scolding and rioting
- Shouting and gesturing towards law enforcement officers if the behavior is not as " Aggressive behavior towards organs of public oversight or to military guards gem". § 82 SPG can be assessed
- stepping on the seats of park benches with street shoes
Such behavior constitutes an administrative offense according to § 81 of the Security Police Act (SPG).
According to the Administrative Criminal Law, there is the possibility of arrest in the event of a disorder, namely if the interferer was caught in the act in the act and who persists in the continuation of the criminal act despite a warning or tries to repeat it. The organs of the public security service must refrain from arrest if this can be prevented by a milder means.
The more lenient means consist of either directing the disturber away from the public place or securing things that are needed for the repetition of the disturbance.
See also
German law:
