Whoever commits a grossly offensive act which is apt to disturb or endanger the public and to prejudice public order shall be deemed to have committed a regulatory offence.
The regulatory offence may be sanctioned by a regulatory fine unless the act may be sanctioned in accordance with other provisions.
It’s our “shout fire in a theatre” paragraph and its unspecificness makes for volumes of juridical precedent. I liked the old title better, “Grober Unfug”, which more or less translates to “grand monkey business”.
In any case cops would first have to check whether the public (not just any random person, them included) is disturbed. Though I don’t think that precludes them from telling them to cut it out, that’s an inalienable right of any German citizen, police or not.
They can tell them to cut it out, but they can’t tell them to cut it out in the name of the law, which they would be doing if they were dressed as a police officer at the time and didn’t specifically clarify.
In Germany it can be an administrative offence, §118 OWiG, “Public Nuisance”:
It’s our “shout fire in a theatre” paragraph and its unspecificness makes for volumes of juridical precedent. I liked the old title better, “Grober Unfug”, which more or less translates to “grand monkey business”.
In any case cops would first have to check whether the public (not just any random person, them included) is disturbed. Though I don’t think that precludes them from telling them to cut it out, that’s an inalienable right of any German citizen, police or not.
They can tell them to cut it out, but they can’t tell them to cut it out in the name of the law, which they would be doing if they were dressed as a police officer at the time and didn’t specifically clarify.
Can they officially instruct them (belehren) that their private self would tell them to cut it out, or is that abuse of office?