In Germany some symbols, uniforms and accessories can turn a harmless costume into a legal liability. Here’s what foreign residents should know before dressing up for Halloween.
Germany is hardly a newcomer to fancy dress. Long before Halloween became popular, the country was donning costumes for Karneval, Fastnacht and Fasching.
But while there should be nothing to worry about for the overwhelming majority of witches, vampires and zombies on Saturday, there are some rules to bear in mind when it comes to dressing up in Germany.
Nazi symbols
Germany’s history has inevitably shaped some of its rules around dressing up.
The public use of symbols associated with unconstitutional and terrorist organisations can be a criminal offence.
For Halloween purposes, the practical advice is straightforward: Don’t be a Nazi.
Nazi symbols, SS insignia and Nazi salutes have no place in a party costume. And the same applies to insignia and slogans associated with other prohibited organisations.
There are some exceptions to this rule when it comes to activities such as art, education, research and reporting. But the explanation that “I was only dressing up” does not fall under any of these headings.
Fake guns and other weapons
A cowboy without a pistol or a knight without a sword may feel underdressed – but Germany’s rules on carrying weapons are worth bearing in mind.
The Weapons Act generally prohibits carrying objects that look like real firearms (Anscheinswaffen). It also restricts certain knives and striking or thrusting weapons.
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A recent German press report warned that violations can be treated as administrative offences carrying fines of up to €10,000.
So leave the realistic replica gun at home. If your costume needs a prop, the sensible option is something unmistakably theatrical – think brightly coloured, soft and obviously not a real weapon.
And even a harmless prop should remain just that. Using it to threaten or coerce somebody – or chasing strangers down the street with a plastic axe – could bring ordinary criminal law into play.
Police and other official uniforms
Police costumes feel like a Halloween staple, but the closer they come to the real thing, the more care is needed.
German law prohibits the unauthorised wearing of domestic or foreign official uniforms, official dress and official insignia.
That doesn’t mean every blue shirt and toy police hat is forbidden. The safe approach is simply to make sure the outfit is unmistakably a costume. Avoid genuine badges, official insignia and anything that could convince someone you’re actually on duty.
Two horror clown performers at Halloween Frankenstein in 2024. Photo: picture alliance/dpa | Andreas Arnold
The mask comes off in the car
A mask is a perfectly ordinary part of a Halloween costume. The problem arises if you leave it on when driving.
Germany’s road traffic rules say motorists must not conceal their faces so completely that they are no longer identifiable. Drivers must also ensure that their vision and hearing are not impaired.
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In other words, remove the werewolf head or elaborate zombie mask before starting the engine.
When a scary costume becomes threatening
Dressing up as a killer clown, monster or horror-film villain doesn’t become unlawful just because it’s frightening.
But deliberately threatening somebody, using force to make them do something or physically harming them can fall under the ordinary offences of threats, coercion or bodily harm.
The costume does not create the offence – but it doesn’t excuse the conduct either.
As a general rule of thumb, a mutually agreed scare between friends is unlikely to cause trouble, but pursuing unsuspecting passers-by or staging a realistic attack in public is another matter.
Showing too much flesh
Revealing costumes are generally not prohibited. German criminal law in this area concerns exhibitionist conduct and public sexual acts, rather than simply a short skirt or a low-cut top.
Contravening Section 183a, for example, requires public sexual conduct that intentionally or knowingly causes offence.
In any case, it seems hard to believe that public nudity is likely to be a particularly pressing problem during celebrations which take place in Germany at the end of October.
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Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: thelocal.de
