“Trick or treat”
Halloween: When the harmless scary fun becomes a case for the police
Children who are stolen from the collected candy is just one of many supposed jokes that some allow themselves on Halloween. Some offenses can even result in imprisonment.
© Cavan Images / Imago Images
“Trick or treats” – the call will be heard everywhere again next Monday for Halloween. The horror festival could be a harmless children’s amusement. In fact, October 31st is a busy day for the police. Because some believe that there are no rules on Halloween, which of course is wrong. Questions and answers for a legally compliant horror festival.
What’s problematic about Halloween?
In recent years, there have been a number of incidents related to Halloween, in which the fun horror turned into property damage, acts of violence or coercion. But not only such extreme cases can end up with the police. If someone is injured while fleeing from bogeymen, this can also be a case for the police. A “armament” for the costume is particularly tricky. Anyone who carries a dummy weapon with them must expect investigations into a violation of the Weapons Act.
Where’s the end of funny?
As in any other occasion, this is the case with the rules established by the law. Those who request sweets with “trick or treat” can do so, but without being able to insist on their delivery. The sweet should be given voluntarily and willingly – the sour remain an empty threat meant for fun.
What are typical Halloween offenses?
House walls and cars pelted with eggs, garbage cans thrown over, mailboxes destroyed or set on fire, firecrackers thrown against window panes, manhole covers lifted out or graffiti especially for Halloween – the list of alleged jokes reported to the police is long throughout Germany. Again and again, the collected sweets are stolen from children. A special phenomenon from various large cities are groups that specifically seek and provoke arguments, especially in the vicinity of train stations, or even aim firecrackers at people. All of these offenses have one thing in common: They are forbidden and punishable.
What are the penalties?
The police are checking more nationwide. Anyone who is caught must fear a fine or up to two years in prison in the event of property damage. Up to three years imprisonment threaten even with a so-called public damage to property. These are items of public use such as park benches. In a group, those who do not cause damage themselves can also be punished. They face penalties for communal damage to property.
Can children go out alone?
Here, too, Halloween does not abolish the rules – in this case, the duty of supervision. In the case of smaller children, at least one adult should be present when looking for sweets and at least keep a watchful eye on their children. In principle, parents should sensitize their children to the pranks and prevent them from damaging property and other crimes. Also, adults should encourage them not to engage in acts that are forbidden through peer pressure.
Who compensates damages?
If the causer of property damage or bodily injury is determined, he must pay for the damage. Otherwise, residential building insurance can at least partially compensate for damage caused by willful damage.
Is a horror chauffeur considered a joke?
The children dress up, the father drives them from house to house with a horror mask: what fits into the scenery can also result in a fine for the driver. Because covering the face while driving is prohibited – violations cost 60 euros. Drinking and driving should be taboo anyway.