Our everyday life offers very curious situations that often end up in court. In his new book*, lawyer Christian Solmecke from Cologne answers extremely windy legal questions.
BILD summarizes the craziest.
Is peeing standing up a disturbance of the peace?
Neighbors in Wuppertal complained about a tenant who allegedly made unbearable noises when urinating while standing (AG Wuppertal, judgment of January 14, 1997, reference number 34 C 262/96). They wanted to ban him from peeing standing up.
The lawsuit was dismissed. According to the verdict, it is an inadmissible invasion of privacy to prescribe a certain technique for men to urinate.
But: A Berlin court has upheld a similar lawsuit and awarded the plaintiffs a rent reduction (LG Berlin, judgment of April 20, 2009, file number 67 S 335/08).
Conclusion: The legality of urinating while standing depends, as is so often the case in law, on the individual case. As a rule, however, men are allowed to stop – they don’t have to set the world record for the loudest and strongest pee right away.
Can you drive 417 km/h on the Autobahn?
A Czech multi-millionaire posted a video on YouTube earlier this year showing him speeding his Bugatti Chiron at up to 417 km/h on the A2 between Berlin and Hanover. Basically, you can’t say anything about it at first, because unlimited speed means unlimited speed. The recommended speed of 130 km/h is only a recommendation and not a law.
But the public prosecutor’s office initiated an investigation into a new criminal law: Section 315d of the Criminal Code. In addition to illegal car racing, this penal norm also punishes someone who “moves in a grossly traffic-violating manner and recklessly in order to reach the highest possible speed”. However, the procedure was discontinued, there was no car race.
However: Speeders can quickly slip into criminal liability if they create a hazard. So better foot off the gas!
Is it a criminal offense if I string the neighbor?
Unwanted image or sound recordings are prohibited under criminal law. So if you quickly point the cell phone camera at the neighbor’s garden, you could be dealing with the police or the public prosecutor’s office.
Pure observation through the window is actually not covered by criminal law – at least as long as you don’t have to climb over the property wall, but simply have a clear view.
The situation is different when it is not a question of a one-off short cheating, but of permanent readjustment (§ 238 StGB). That would then be classified as stalking, which can be prosecuted even without image or sound recordings.
Is sex with the professor for good grades a good idea?
In principle, consensual amorous or sexual relationships between faculty and students are not punishable as long as the parties involved are of legal age.
However, if a student does not have the opportunity to do a doctorate based on her grades, but did so through a sexual relationship with a professor, then that would be a criminal offence. Specifically: accepting an advantage (Section 331 StGB) or taking a bribe (Section 332 StGB) for the professor and granting an advantage (Section 333 StGB) or bribery (Section 334 StGB) for the student.
In one case from Hanover, a professor had a sexual relationship with a student and systematically preferred her when assigning grades. In addition, he allowed himself to be financially bribed in numerous other cases for the award of doctoral degrees. He was imprisoned for three years. The student had to pay a fine of 1,800 euros.
Do you have to pay if you don’t like it?
Food and drinks must be of impeccable quality and preparation. Spoiled food such as moldy vegetables or salad with rancid oil can of course be returned. Even if the noodles are still almost raw, the fish is oversalted or the hair is in the soup, you have every right to return the food. But you have to give the landlord the opportunity to serve a new and impeccable meal.
Does a date with a prostitute have to last longer than ten minutes?
Because an 18-year-old man had an orgasm too early while having sex with a prostitute, he summarily reported her to the police for fraud. The young man had met the lady on the Internet. The agreed price: 160 euros for “the full program”. Payment in advance has been agreed. In the end, however, things went much faster than expected for the young gentleman: he reached the climax after just ten minutes through “manual satisfaction”. The legal situation is clear: According to § 1 Prostitution Act, only the person providing the service has a right to the money, but the client has no right to the service.
So the suitor has neither a right to the woman doing what he says, nor is he entitled to give her instructions at all. The other person is only entitled to a refund of the money if the prostitute has remained completely inactive.
Conclusion: Since the prostitute has performed a sexual act on the man, the contract is fulfilled!
Can only the police arrest someone?
Contrary to popular belief, arrest rights are not exclusive to the police. In our code of criminal procedure, there really is a right of arrest for everyone. The background is that police officers and other law enforcement officers cannot be in every place at all times, but there is always a need for effective hazard prevention. What is important, however, is that the right only exists if someone is caught red-handed or pursued. In order to promote civil courage, the Federal Court of Justice has also confirmed that the right to arrest also exists in the event of mere suspicion.