Cat poop or wild animal droppings? Warning; pile picture!

Steven: Ok. We don't have to agree in the end.

How is a justifying emergency supposed to work with equivalent goods? Thing (lawn) against thing (animal). The protected legal interest must significantly outweigh. It is stated in the law.

Hello Fuchur if that is the case, then does that mean I cannot do anything against cats that mess up my garden? Steven

Unrolling the last 10 pages here is too tedious for me and probably not productive.

It doesn’t matter at all what is written on the last 10 pages. Enlighten us! The question is: Am I allowed to kill the cat if it repeatedly poops on my lawn? Why not, why yes?

May I kill the cat if it repeatedly poops on my lawn?

Hello

and what could it cost if I kill the cat and I did not have the right to do so?
I know of a case where during a house search by the PVBs the 9-year-old dog was shot. The house search was not lawful, the homeowner was now offered 50 euros as compensation for the dog.
A cat should be worth about 20 euros then. The animal shelters are full of them.

Steven

Of course, one must not kill them. Perhaps a picture comparison helps: Who would set the neighbor’s car on fire because it is parked on your property without obstruction?

If you want to affect another legal interest, you need a legal basis for it. And for the reasons mentioned, those of the Criminal Code are excluded. So civil law remains. Logically, you have a claim for injunction and can enforce it (legally). For direct intervention, § 228 of the Building Code is relevant, the civil defensive necessity. However, a weighing of interests also applies there, meaning the damage caused by the animal must be disproportionately greater than the damage caused to the animal by the measure. And in the specific case, this can only be a measure without permanent harm to the animal. So, a water hose.

Steven, don’t mix everything up. One is a criminal offense and the other is a sovereign measure. Besides, I hardly believe that the search was illegal without knowing the case. You probably mean "unjustified" instead. And yes, if a dog attacks during an operation, it may be shot. I have experienced that myself a few times, but there are operational plans and specific authorizations from the incident commander for that.