In times of scarce parking space, especially in city centers, criminal proceedings are increasingly being initiated in connection with the "fight" for parking spaces. For example, there is a widespread bad habit in many places of keeping free parking spaces free as a pedestrian by blocking them and waiting for the driver (usually a member of the family), thus preventing others from parking.
Blocking the parking space with their bodies
Some pedestrians also spread their arms to make it clear that the parking space has already been allocated. If a pedestrian blocks a free parking space by standing on the parking lot, this may constitute coercion according to § 240 of the German Criminal Code (StGB) can be construed as coercion of another driver, since the driver is denying the driver the available parking space. [1] If the parking lot is publicly owned, all drivers have the same rights to an available parking space. According to § 12 V 1 StVO, whoever reaches a parking space first has priority. Sentence 1 applies accordingly when waiting at a parking space that is becoming available.
Criminal proceedings against other road users looking for a parking space
If the pedestrian still does not move aside when another driver wants to pull into the parking space, a dangerous situation can arise for the pedestrian as well. Under certain circumstances, the "victim" of coercion if he wants to move pedestrians in his direction to step aside by moving the car. In the worst case, the driver of the car may even have hit the pedestrian's legs with the front bumper of his car, or the pedestrian may have had to jump aside to avoid a collision. In this case, mutual criminal proceedings are conducted against the car driver for coercion and possibly for dangerous interference with road traffic according to § 315b StGB. The Naumburg Higher Regional Court ruled:"The audacious and dangerous behavior of the witness constitutes a traffic offense according to § 1 II StVO (German Road Traffic Regulations) towards the defendant who was justifiably driving into the parking space according to § 12 V StVO (German Road Traffic Regulations)." In such a case, forcing a parking space is not socially reprehensible in the sense of § 240 II StGB if the driving into the parking space is done in a moderate manner and the person standing there is not exposed to any significant danger. By stopping several times, the defendant gave the witness sufficient time to vacate the parking space. The witness was not exposed to any significant danger, but only to a very slight one, as can be seen from the fact that the defendant only touched the witness with her car."[2]
Further criminal proceedings
Not infrequently, physical altercations also ensue, with the result that proceedings for bodily injury under Section 223 of the German Criminal Code (StGB) are initiated, not to mention the insults that usually occur on both sides under Section 185 of the German Criminal Code (StGB).
If criminal proceedings are initiated against those involved in the constellation described above, it is essential to seek the help of a Lawyer specializing in traffic law.
References:
[1] Cf. also Maatz, NZV 2006, 337, 340.
[2] NZV 1998, 163, different: BayObLG NZV 1993, 37.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.