Hausfriedensbruch

Hausfriedensbruch is a criminal offense in German law, codified in § 123 of the Strafgesetzbuch (StGB). It protects the private sphere of individuals by prohibiting unauthorized access to spaces that are protected by the owner or occupant, such as a dwelling, business premises, or a fenced property. The term also covers situations in which access is restricted to a particular time or place.

The core elements of the offense are unpermitted entry or staying on property that belongs to another person, or entering or remaining in areas that the owner has lawfully protected. It also includes entering after a lawful order to leave has been given or obstructing the occupant’s ability to use or enjoy the space. The law thus covers both the act of intrusion and the act of non‑compliance with a direct instruction to depart.

The scope includes homes, offices, shops, and other enclosed or controlled private property, as well as places that are physically protected from unauthorized access. The aim is to preserve the peace and security of the owner’s residence and property, while balancing legitimate interests in entry, such as lawful authority or public access in certain circumstances.

Penalties for Hausfriedensbruch typically range from a fine to a custodial sentence of up to one year, depending on the specifics of the case and the severity of the violation. The statute is commonly invoked in disputes involving trespass, inappropriate entry during protests, or repeated violations of private access rights.