Süßes oder Saures: Halloween: Bei welchen Streichen hört der Spaß auf?
„Trick or treat!“, so lautet der beliebte Halloween-Spruch. Doch welche Streiche sind erlaubt, wenn es nichts Süßes gibt? Wo der Spaß rechtlich gesehen aufhört.
Halloween brings a trickier sense of humor than usual, warns Christian Janeczek from the Deutsche Anwaltvereins Verkehrsrecht Arbeitsgemeinschaft. According to the expert in traffic and criminal law, Halloween pranks could easily lead to damage to property or coercion. For example, smearing paint on doors that takes considerable effort to clean could be considered property damage.
However, minor chalk drawings might be more forgiveable. The key is whether cleaning becomes necessary – even if the surface is easily wiped away. Janeczek explains that knocking on doors continuously over a period could amount to coercion. But, as with many legal matters, each Halloween prank case is unique. It's not just about causing damage or coercion that triggers liability.
In both instances, a lawsuit and potentially a fine could follow – the amount of which depends on the perpetrator's income, typically ranging from one to two months' net salary. The victim can claim compensation for any resulting damage, and this applies even for unintentional harm. However, private insurance typically won't cover intentional damage.
Even minors as young as seven can be held financially responsible for causing harm. If the child cannot pay, parents may be held liable and required to pay over several years. In any case, Janeczek advises reporting an unknown perpetrator to the police, as neighbors' testimony might help identify the culprit. While Halloween costumes are a familiar sight, pranks should still be kept light.
Threatening or over-panicking others crosses into coercion territory, potentially leading to charges of negligent bodily harm.
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