Trespass under section 109 StGB: protected space, house ban, business premises, distinction from theft and first steps.
Mag. Christopher Angerer, Rechtsanwalt
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Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
This post provides general information for defendants and affected persons in Austria. It does not replace review of the concrete file or advice in an individual case.
The right strategy depends on the allegation, file status and next procedural step.
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Choose the situation that best matches your current position.
From a legal perspective an early and calm review is safer than any spontaneous reaction. Only the concrete file shows which steps are useful.
Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
From a legal perspective an early and calm review is safer than any spontaneous reaction. Only the concrete file shows which steps are useful.
Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
From a legal perspective an early and calm review is safer than any spontaneous reaction. Only the concrete file shows which steps are useful.
Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
From a legal perspective an early and calm review is safer than any spontaneous reaction. Only the concrete file shows which steps are useful.
Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
Section 109 StGB protects the house right. The key issues are protected space, entry, remaining, request to leave and distinction from additional allegations such as theft or damage.
For the defence, the label in the complaint is less important than the concrete file. Offence, evidence and procedural stage must be checked separately.
Anyone who reacts too quickly may confirm points that later should have been disputed. A structured review creates the basis for statement, application or remedy.
File access shows which evidence the authority actually relies on. Only then can it be assessed whether a statement is useful or silence remains safer for now.
Exculpatory documents should also be organised before questioning. This includes messages, contracts, payment data, photos, videos and witness information.
An unprepared statement can be hard to correct. Before any explanation it should be clear what goal it serves and which risks it creates.
Many allegations overlap with other offences or procedural issues. These levels should not be mixed.
The first practical step is a calm chronology: what happened, who was involved, which documents exist and which time limit is running?
Where time limits, summonses or hearing dates are open, the review should happen quickly. Later corrections are often harder than an early clean strategy.
Next steps should be organised and based on the file.
| Level | Überblick | Key question |
|---|---|---|
| Offence | legal requirements | What must be proven? |
| Evidence | file and documents | What incriminates or helps? |
| Statement | silence or explanation | What is risky without file access? |
| Strategy | next step | Which time limit is running? |
Next steps should be organised and based on the file.
Record complaint, summons and provision.
Organise evidence and case status.
No explanation without strategy.
Application, remedy or preparation.
Important: The first explanation is not decisive, the right explanation after file access is. Early structure helps avoid preventable mistakes.
No. File status, evidence and defence goal should be checked before any statement.
Summonses, messages, contracts, payment data, photos, videos and witness information should be secured completely.
No. It provides general information. The concrete assessment depends on the file and evidence.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
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