Definition and concept of begging
Begging refers to the solicitation of monetary or material donations from strangers by individuals who claim a lack or need for themselves or others. In legal terms, the concept of begging includes both the simple approach of passersby on public streets as well as more intensive forms such as seeking out restaurants or public event venues. Begging must be distinguished from commercial fundraising, donation collecting by charitable organizations, and artistic performances (so-called street art).
Legal classification of begging
General regulatory law
Begging is generally permitted in Germany and falls under general freedoms, in particular the right to freedom of action under Article 2, Paragraph 1 of the Basic Law (GG). However, the authorities can restrict begging by regulatory provisions, for example, to maintain public security and order.
Restrictions under regulatory law
- Municipal ordinances: In numerous German cities, regulatory ordinances or statutes are enacted that restrict begging in certain areas (e.g., pedestrian zones, train stations, city centers) by time or location. In some cases, aggressive or organized begging is even completely prohibited.
- Prohibition of certain forms: It is often forbidden to beg persistently, aggressively, or in groups (so-called “beggar gangs”) as well as begging involving children or animals.
Criminal relevance of begging
Simple begging is not a criminal offense in Germany. Nonetheless, various criminal offenses can be fulfilled in connection with acts of begging.
Offenses and crimes related to begging
- Coercion (§ 240 StGB): If a person is harassed or pressured by the beggar in such a way that it amounts to violence or threats (e.g., through intimidation, physical proximity, blocking paths), the offense of coercion may be fulfilled.
- Fraud (§ 263 StGB): Anyone who pretends false facts while begging (e.g., feigned disabilities, emergencies, or illnesses) in order to obtain donations by deception can be prosecuted for fraud.
- Use of children (§ 171 StGB): Systematic involvement of children in begging can fulfil the offense of violating the duty of care and education.
Involvement of third parties and organized forms of begging
Organized or gang-like begging may have further criminal consequences when individuals—especially minors—are exploited. Offenses such as human trafficking, exploitation, or forced labor become relevant here.
Police law and danger prevention
Police law enables regulatory authorities to issue expulsion orders in individual cases if the behavior of begging persons disturbs public security or order. Repeated violations of such orders can result in fines or short-term detention.
Social law aspects of begging
In the social law context, begging is an indicator of existing or impending homelessness and social emergencies. Persons who beg regularly may, under certain circumstances, be entitled to social benefits (e.g., basic social security under Social Code Book II or XII). Income obtained through begging must be declared as income and may be offset against social benefits.
Begging in the international context
European legal situation
Within Europe, the legal situation regarding begging varies. While simple begging is legal in many countries, there are bans or strict restrictions in various cities and regions, especially concerning aggressive or organized begging. The European Court of Human Rights has repeatedly emphasized that a complete and general ban on begging can disproportionately interfere with fundamental rights.
Regulations in selected countries
- Austria: Partial bans on begging have been enacted at the federal state or city level; in particular, organized begging, child begging, and aggressive solicitation are prohibited.
- Switzerland: The courts have partially lifted blanket bans if they violate human rights.
- France: There is no general ban, but restrictions exist for aggressive begging and forms that disturb public order.
Distinction from other forms of behavior
Not included within the legal concept of begging:
- Street art: Artistic performances on the street with subsequent voluntary donations are treated differently by law.
- Fundraising for organizations: Specific regulations apply here, such as the Trade Regulation Act or donation law.
- Commercial activity: Offering goods for payment is not begging but commerce and may require a license.
Sanctions and legal consequences of violations
Violations of legal provisions, municipal statutes, or police and regulatory orders can result in administrative measures (e.g., expulsion, fines) or criminal consequences (e.g., for fraud, coercion, or child abuse).
Current developments and case law
The legal assessment of begging is subject to significant dynamics. The tension between individual fundamental rights and public security interests regularly leads to judicial review of municipal bans by administrative courts. Judgments by the Federal Constitutional Court and the European Court of Human Rights highlight the importance of a constitutionally protected minimum degree of personal freedom.
Summary
Begging is generally permissible under German law but is restricted by criminal and regulatory provisions in certain situations. Municipal ordinances and police measures shape the practical handling on the ground. Begging only becomes a criminal offense with additional elements such as deception, coercion, or organized abuse. Socially, the presence of beggars is an indicator of needs, which may trigger an assessment of claims to state support. Comparisons across Europe reveal different national regulations, with fundamental rights aspects becoming increasingly central.
Frequently asked questions
Is begging generally a criminal offense in Germany?
Begging is generally not a criminal offense in Germany. There is no general nationwide ban on begging. Simple, non-intrusive begging is usually covered by the general freedom of action according to Art. 2 Para. 1 of the Basic Law (GG) and falls under the free development of personality. However, federal states or municipalities may enact specific bans or restrictions on begging through regulatory provisions, for example regarding particularly frequented locations such as train stations or pedestrian zones. Violations of these prohibitions are treated as administrative offenses, but they do not automatically constitute a criminal offense. Special forms of begging, such as exploitation of children or with intent to deceive (so-called commercial or organized begging), can, under certain circumstances, have criminal relevance, such as fraud (§ 263 StGB) or exploitation (§ 233 StGB).
Are there special regulations against aggressive or intrusive begging?
Aggressive or intrusive begging is prohibited in many municipalities by regulatory provisions. ‘Aggressive begging’ refers to the targeted and persistent approach of passersby, harassment, or coercion. Such behavior is often regulated in local ordinances for public safety or police regulations. Violations constitute an administrative offense and can be penalized by a fine. However, there is no nationwide uniform definition or regulation; specific design and assessment are at the discretion of the competent authorities. In particularly severe cases, an assault or causing fear can also be punishable as coercion under § 240 StGB.
How is organized or gang-like begging legally evaluated?
Organized or gang-like begging is seen as particularly problematic and is assessed much more strictly than simple begging. If several persons organize themselves to systematically assign people to beg—especially if minors or vulnerable persons are affected—this may fulfill the criminal offense of human trafficking for the purpose of exploiting begging (§ 233 StGB) or exploitation (§ 233a StGB). The penalty for this is severe and can be up to ten years’ imprisonment. In addition, other offenses such as fraud or extortion may also be fulfilled. Participation in a begging organization, for example as an organizer or beneficiary, is also prosecuted by law.
Is it permitted to involve children in begging?
No, involving children in begging is expressly prohibited and considered a criminal offense in Germany, provided the situation involves exploitation or intent to exploit. Children must not be used for begging, as this is considered a form of human trafficking for exploitation (§ 233 StGB) or child abuse (§ 171 StGB). The youth welfare office can also take measures to protect the child’s welfare in such cases. Authorities prosecute such cases with particular rigour, as the welfare of the child always takes priority.
What rights do municipalities have regarding a ban on begging?
Municipalities have the right to impose local bans on begging as part of their public safety responsibilities. This often occurs based on local public safety ordinances or municipal police regulations. However, such bans are always subject to the principle of proportionality and may not be applied indiscriminately or in a discriminatory manner. The regulations must be specifically justified (e.g., to avert danger at certain locations) and are subject to judicial review. In the event of a dispute, a ban on begging can be reviewed by administrative courts, with the rights of the individuals involved weighed against the interests of public protection.
When can begging be punishable as fraud?
Begging becomes punishable as fraud under § 263 StGB if falsehood is intentionally conveyed in order to obtain a financial advantage. This is the case, for example, when false claims about hardships, illnesses, or disabilities are made while begging to arouse pity and solicit donations. Intentional deception of the donor and the deliberate creation of a misconception are required for criminal liability. Simple, truthful begging does not fulfill the offense of fraud.
Can donors be held legally liable if they give money to beggars?
In principle, donors are not criminally liable if they give money to a beggar. An exception applies if it is known that the begging in a particular case is linked to a criminal offense, for example, if children are used under exploitative conditions or it is clearly an organized begging group (e.g., under coercion). In such cases, donors could potentially be liable as accomplices or for supporting criminal activity, although in practice prosecution of donors is very rare and requires concrete evidence of knowledge and intent.
