Definition and legal classification of the misuse of emergency calls
Der Misuse of emergency calls refers to the abusive or intentional misconduct in the use of emergency call facilities, such as those for the police, fire department, or rescue services. In Germany, this conduct is explicitly punishable under Section 145 of the German Criminal Code (StGB). The statutory provision aims to ensure the functionality and reliability of public emergency call facilities and to prevent their misuse through blockage or false alarms.
Statutory regulation in Germany
Section 145 StGB – Misuse of emergency calls
According to Section 145 (1) StGB, anyone who abusively uses emergency call facilities, especially by making emergency calls when there is no actual emergency, or who intentionally pretends that help is required, is subject to punishment. The offense consists of the following essential elements:
- Abusive use of emergency call facilities, such as emergency call telephones, emergency numbers or signaling devices to alert the police, fire brigade, or rescue services.
- Intentional simulation of an emergency or dangerous situation, even though such a situation does not actually exist.
- Initiating deployments, which are triggered without any real background, for example by making false statements about accidents, fires, criminal offenses, or other emergencies.
Penalty framework and legal consequences
The legislator provides for the misuse of emergency calls a prison sentence of up to one year or a monetary fine . In particularly serious cases, further aggravations of punishment may occur, for example if the misuse results in significant personal injury or property damage, or if public safety and order are concretely endangered.
Legal interests and protected objectives
The misuse of emergency calls poses a danger to various legal interests:
- Operational capability of hazard prevention: Police, fire brigade, and rescue services may be misdirected or blocked by abusive use, which can delay assistance in genuine emergencies.
- public safety: The integrity and reliability of the emergency call system are fundamental prerequisites for effective hazard prevention.
- Individual interests: The health and property of third parties can be indirectly endangered if emergency personnel are prevented from responding to real emergencies due to misuse.
Elements of the offense in detail
Abusive use of emergency call facilities
Emergency call facilities include all technical or communication devices designed to alert emergency services. These include, in particular:
- Emergency telephones (e.g., at train stations or in elevators)
- Emergency numbers (e.g., 110, 112)
- Signaling devices or emergency buttons in public areas or means of transportation
The conduct is considered abusive if no emergency exists or if the call or alarm is intentionally triggered falsely.
Feigning an emergency
The offense explicitly covers the intentional deception regarding an accident, fire, criminal act, or other danger. In assessing criminal liability, a distinction must be made between deliberate deception and unintentional mistakes without intent.
Initiating deployments
Indirect actions, such as causing a third party to call for help in order to unnecessarily alert emergency services, can also fulfill the offense.
Distinction from negligent conduct and administrative offenses
Accidental or negligent behavior, in which someone calls an emergency service in the belief that a real danger or emergency exists, but the situation later turns out to be harmless, is not punishable under Section 145 StGB. However, in certain circumstances, a requirement to cover the costs for the false deployment may be imposed.
If there is no criminal liability, the behavior may still be punishable as an administrative offense under state regulations, especially if it results in an avoidable false alarm.
Misuse of emergency calls in an international context
In other countries, the misuse of emergency calls is also generally prohibited by law, e.g., under § 148 of the Austrian Penal Code in Austria or § 46(1) of the British Communications Act 2003. The criminal law protection of functional emergency call facilities is internationally recognized and implemented in various forms under national legislation.
Practical consequences and sanctions
Impact on emergency services
Every abusive emergency call ties up emergency personnel and resources and, in serious cases, can even endanger lives if assistance is delayed or unavailable.
Civil law and cost consequences
In addition to criminal liability, offenders may face civil claims. In particular, the costs of unnecessary deployments, for example of the fire brigade or rescue services, can be claimed from the person responsible.
Prevention and education
To prevent misuse, regular educational campaigns are conducted to inform especially children and adolescents, but also adults, about the significance and proper use of emergency calls. In many cases, technical measures are also implemented, such as the marking requirement for emergency vehicles or tracing systems for emergency calls.
Conclusion
The misuse of emergency calls is a serious criminal act that endangers the safety and operational capability of public hazard prevention systems. The statutory provisions in Section 145 StGB and comparable international regulations are intended to protect emergency calls as a vital lifeline in emergencies. In addition to criminal consequences, significant cost demands and civil claims may arise against the perpetrator. Careful and responsible use of emergency call facilities is therefore a key element of public safety.
Frequently Asked Questions
What legal consequences can result from the misuse of emergency calls?
The misuse of emergency calls is a criminal offense in Germany under Section 145 StGB (Criminal Code). Anyone who intentionally or knowingly misuses an emergency call facility or a radio system intended for emergencies, or pretends that help is required due to an accident, disaster, public danger, or emergency, can be punished with imprisonment for up to one year or a fine. Particularly punishable is not only the act of making a deliberately false emergency call without reason, but also the attempt to misuse the emergency number (such as 110 or 112) with fraudulent intent. Additionally, cost orders for the deployment of emergency services and police may be imposed, which must be borne by the perpetrator. In particularly serious cases, such as when people are harmed by the misuse or significant emergency resources are tied up, the court can impose a higher penalty or additional conditions. The age of criminal responsibility generally begins at 14; for juveniles, the Juvenile Courts Act applies.
Is it also a criminal offense to make an emergency call out of ignorance?
If an emergency call is made out of genuine ignorance or the mistaken belief that an emergency exists, this typically does not constitute a punishable misuse under Section 145 StGB. The offense requires intent, i.e., the caller must intentionally make untrue statements or deliberately pretend that an emergency exists. Anyone acting in good faith, with a genuine belief that there is a danger, will generally not be liable to prosecution. However, in individual cases, negligent causation of costs may lead to civil claims if gross negligence or indifference can be proven.
What other civil law consequences may arise in addition to criminal prosecution?
In addition to prosecution by criminal courts, civil consequences may arise. These primarily concern reimbursement of the costs for unnecessary or unjustified deployments of police, fire brigade, or emergency services. Control centers and authorities are entitled to issue invoices for the effort incurred and to pursue claims for reimbursement under civil law. In some cases, third parties may also assert claims for damages against the perpetrator, for example, if the unnecessary deployment causes harm to others or if emergency personnel are missing elsewhere as a result.
Do different rules apply to children and adolescents in the misuse of emergency calls?
Children under the age of 14 are considered incapable of criminal responsibility under Section 19 StGB and cannot be prosecuted. However, measures such as educational discussions or awareness training by the police and schools may be carried out. Adolescents between 14 and 18 years are subject to the provisions of the Juvenile Courts Act (JGG). Education is the primary objective here. Educational measures, work assignments, or directives may be imposed, ranging from community service to making restitution for the damage caused. Nevertheless, they can also be required to reimburse costs, with such claims frequently addressed to their parents.
What role does intent play in the misuse of an emergency call?
For a criminal conviction for misuse of emergency calls, intent is crucial. This means the perpetrator must act knowingly and willingly, i.e., deliberately provide false information or consciously pretend that a danger exists. Negligent conduct—such as dialing the wrong number or being mistaken about the danger—usually does not suffice for criminal liability. Investigation authorities therefore always examine the subjective aspect of the offense, namely the caller’s motivation and knowledge, to determine whether intentional misuse is present.
Are there special features concerning emergency call misuse in digital media and via apps?
With the increase in emergency call apps and digital communication channels, such as eCall in cars or health apps, the ban on misuse also applies to digital emergency calls. The legal assessment is identical to calls made via traditional emergency numbers, as the purpose of the contact is decisive: anyone who knowingly reports a false emergency with an app or abusively activates features is likewise liable to prosecution. Investigations in such cases may be based on location data and communication logs. App operators sometimes provide for their own terms of use as well as blocking mechanisms in the event of misuse.
How is the misuse of emergency calls detected and prosecuted?
Detection usually takes place through the evaluation of call recordings, technical call number logs, and follow-up questions by the control centers. Police or emergency services often contact the caller or their environment to verify the veracity of the emergency report. False claims can be uncovered using deployment reports and witness statements. If misuse is established, a report is filed with the police, who conduct the investigation. Criminal proceedings then follow, the outcome depending on the facts established and the seriousness of the case. For juveniles, schools and guardians are also informed.
