Hello Knallkörper
you have to invoke the justified emergency (brought into play by you). Although I do injure the cat with a slingshot, which is prohibited, §34 StGB should apply to defend against an injury to my legal interest (cat poop in the garden) and the punishability should no longer be given.
Steven
And exactly there you are very likely wrong. a) There is no danger in the proper sense to your property. There will probably be enough lawyers and judges who wouldn’t even call it damage. A pile of poop on the lawn is as little damage as dirt on a car. Then b): As long as the danger is present, it can be averted by other means, such as a water hose, loud calling, or scaring away. A subsequent or precautionary measure is not covered by §34. In particular, it would not be an act within the framework of the justified emergency if you lie in wait with the slingshot, because then you do NOT carry out your act, which would be suitable to protect your legal interests, "in a present danger." Finally, c) your interest must significantly outweigh (pollution versus the suffering of the animal) and your action (shooting) must be appropriate, both of which are unlikely to apply because of a).
In principle, §833 of the Building Code applies here.
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The holder would now have the obligation to remedy this damage.
If he does not comply, I consider corresponding measures appropriate, increasing in severity until it leads to success.
That is vigilante justice, so you don’t need to refer to paragraphs. "Corresponding measures" are ordered by courts after you have reported the holder, if it comes to that.
He might also enjoy running his motorcycle at full throttle for 10 minutes every night at two a.m., and there would be no discussion for anyone.
Then you would call the police, and not set the moped on fire.