Term and General Definition of Unlawful Gathering
Die unlawful gathering is a term used in public order law as well as in assembly law, referring to the coming together of several people in public spaces without official permission or contrary to legal provisions. Unlawful gatherings are to be distinguished from spontaneous meetings as well as legally protected assemblies. They become legally relevant particularly when they are likely to impair public security and order or when existing reporting and permit obligations are disregarded.
Legal Foundations of Unlawful Gathering
Regulatory Law Provisions
In public police and regulatory law, the unlawful gathering is often the subject of police powers for averting danger. The relevant provisions are found in the police acts of the federal states, particularly in connection with the prevention of imminent disturbances to public security or order (§§ 14, 15 PolG NRW, comparable provisions in other federal states).
Distinction under Assembly Law
The Assembly Act (VersG) regulates the right to freedom of assembly, but stipulates that certain assemblies require registration (§ 14 VersG). If an assembly is not properly registered, it may be considered an “unlawful assembly.” To be distinguished from this are unlawful gatherings which are, in particular, gatherings that do not have the character of an assembly under assembly law or are intentionally carried out to circumvent legal provisions.
Criminal Law Relevance
The Criminal Code does not explicitly provide criminal offenses in connection with unlawful gatherings; however, accompanying offenses such as breach of the peace (§ 125 StGB) or resistance against law enforcement officers (§ 113 StGB) can occur in the context of unlawful gatherings.
Requirements and Characteristics of an Unlawful Gathering
Number of persons and Public Nature
A gathering in the legal sense requires at least the coming together of several people at a specific place at the same time. While the exact threshold may be defined differently from one federal state to another, groups of at least three to five people are often considered gatherings. The basis is always a connection to public space.
Lack of Permission or Notification
A gathering is considered unlawful if a permit, notification, or registration is required for the meeting but has not been completed. In contrast to private celebrations or purely coincidental meetings, for certain occasions, the mere objective fact of not fulfilling formal requirements is sufficient.
Purpose and Behavior
Unlawful gatherings become particularly relevant if they pose a danger to public security or are objectively capable of endangering legally protected interests such as road traffic, the protection of third parties, or the maintenance of order.
Legal Consequences of Unlawful Gatherings
Police Measures
If an unlawful gathering exists, the regulatory authorities or the police are entitled to take measures to prevent danger. The range extends from expulsion orders, bans on staying, and confiscations to the dissolution of the gathering through direct force (§§ 9, 10 PolG NRW; §§ 8, 11 ASOG Berlin, among others).Examples of Measures:
- Addressing participants with an order to disperse
- Verifying the identities of the persons
- Directions to leave and expulsions
- Detention in individual cases to prevent further violations
Fines and Regulatory Offenses
In many police acts and local regulations, participation in an unlawful gathering or failure to follow police orders constitutes a regulatory offense. Fines and the reimbursement of costs for police measures may be imposed (§ 118 OWiG in conjunction with state law regulations).
Civil Law Aspects
In addition, civil claims may arise if an unlawful gathering causes damage to third parties, for example due to traffic obstructions or disruption of business operations.
Distinction from Related Terms
Assembly within the Meaning of the Basic Law
An assembly under Article 8 of the Basic Law is a “coming together of several persons for the purpose of forming or expressing opinions jointly.” The distinction from an unlawful gathering is made based on the purpose of the assembly and the existence of assembly law protection mechanisms.
Accidental Gatherings of People
Accidental gatherings of people, such as at traffic accidents where passersby spontaneously gather, do not fall under the concept of an unlawful gathering. Here, there is usually no common purpose or underlying intention.
Purpose-driven Communities
Temporary purpose-driven communities, for example as part of public events, are generally to be distinguished from unlawful gatherings, provided there is a primarily organized, permitted, or legally permissible purpose.
Special Cases and Current Developments
Infectious Disease Protection Regulations
In the course of the COVID-19 pandemic, the legal significance of unlawful gatherings was expanded by the Infection Protection Act (IfSG): Numerous regulations prohibited gatherings of people beyond a certain number and imposed severe fines even on relatively small groups in case of violations. Unlawful gatherings thus became particularly relevant for purposes of infection control.
Football Matches and Large-scale Events
The term unlawful gathering is also relevant in connection with large-scale events, especially in the context of football matches, when, for instance, fan groups gather in public spaces without permission or contrary to security requirements.
Literature and Further Reading
- Police acts of the federal government and the states (PolG, ASOG, SOG, etc.)
- Assembly Act (VersG)
- Criminal Code (StGB)
- Regulatory Offenses Act (OWiG)
- Infection Protection Act (IfSG)
- Commentary: Lisken/Denninger, Handbook of Police Law
Summary: The “unlawful gathering” is a central instrument of public order law and serves to protect public security, prevent danger, and maintain order in public spaces. Its legal features, distinctions, and legal consequences arise primarily from the police laws of the states, but are also supplemented by assembly law, criminal law, and special situations such as infection control. The exact legal classification varies depending on the individual case, local regulations, and the specific risk potential of each gathering.
Frequently Asked Questions
What legal requirements must be met for an unlawful gathering to exist?
A gathering is considered unlawful in the legal sense if several people come together in public space for a specific purpose without the required permission from the competent authority for this meeting. The requirements for this are regulated in the respective assembly laws, which may differ at both the federal and state level. In Germany, Article 8 of the Basic Law regulates the right of assembly and stipulates that, in principle, outdoor assemblies must be registered. As soon as such a gathering is not reported to the competent regulatory authority, or not properly so, it is considered an “unlawful” or illegal gathering. It should also be noted that a gathering can still be considered unlawful even if it does not qualify as an assembly under the Assembly Act but violates other regulatory provisions, such as the police or public order law of the respective federal state.
What legal consequences can result from an unlawful gathering?
Participation in an unlawful gathering can have a variety of legal consequences for participants. In particular, there is the risk that the gathering will be dissolved by public authorities. The legal basis for this is found in the Assembly Act (§ 15 VersammlG) and state laws, according to which the police or regulatory authorities are authorized to end unlawful assemblies and request participants to leave the place. If participants do not comply with this request, coercive police measures such as expulsions, detentions, or the use of direct force may be taken. Additionally, proceedings for regulatory offenses or even criminal investigations for violations of the Assembly Act (§ 26 VersammlG) may be initiated.
What role do police powers play in unlawful gatherings?
Police powers in the context of unlawful gatherings are extensive. They allow for the use of measures to prevent danger, up to and including the application of direct force. According to the relevant police laws and the federal assembly law, the police are authorized to identify unlawful gatherings, collect personal details, block traffic routes, and order detentions. In cases of public security disturbances, they can dissolve or prevent an assembly if there is a danger to public security or order. The legal bases for this are found both in the Assembly Act (§§ 13-15 VersammlG) and in the police and public order laws of the states. In connection with demonstrations, additional protective measures such as checks and cordons may be taken, which can constitute significant infringements on fundamental rights such as the right to free movement.
Do all gatherings in public spaces require official approval?
Not every gathering in public space requires official approval. The Assembly Act distinguishes between private meetings that do not require a permit and assemblies that do. While spontaneous gatherings without a specific political purpose do not require official permission, so-called assemblies under the open sky that focus on a collective expression of opinion must be reported at least 48 hours before they begin. Special cases are spontaneous assemblies, for which short-term notification may sometimes be legally permissible if the occasion was short-term and unforeseeable. However, the obligation to notify and obtain approval never fully lapses, as there may always be subsequent responsibility and possible sanctions.
What criminal or regulatory measures do organizersand participantsface?
Both organizersand participantsof an unlawful gathering may be subject to various sanctions. Organizers particularly risk fines for failing to notify or register the gathering as well as for violating official conditions (§§ 20, 21 VersammlG). For participants, remaining unlawfully at a dissolved assembly may be considered a regulatory offense punishable by a warning fine, monetary fine, or, in individual cases, detention. Under aggravating circumstances, such as resistance against law enforcement officers or breach of the peace, criminal consequences may also occur. Each case is assessed individually as to how strictly authorities apply the existing regulations.
Are there exceptions, for example for spontaneous or emergency assemblies?
Yes, the law provides exceptions for spontaneous and emergency assemblies. Under certain circumstances, a last-minute, unplanned assembly can be recognized as a so-called spontaneous assembly if an unforeseeable event requires an immediate public response. In these cases, the usual 48-hour pre-notification period may be waived; instead, the authorities must be notified “without undue delay” as soon as possible. However, authorities will assess on a case-by-case basis whether the requirements of a true spontaneous or emergency assembly are met and may dissolve the gathering in case of doubt if there is a threat to public safety or the principles of the legal order are violated.
