Firecrackers on New Year’s Eve: What is the legal situation?

When you step outside your front door on New Year’s morning, the traces of the night’s New Year’s Eve cele­bra­tions regu­larly appear on the street — fire­cra­ckers, rockets, fire­cra­ckers and spar­klers are part of a successful start to the new year for many.

However, “recrea­tional fire­works” are subject to certain rules — and espe­ci­ally when it comes to hand­ling explo­sive devices, the lawma­kers don’t take a joke.

But what penal­ties can be imposed in indi­vi­dual cases?

The acqui­si­tion and use of explo­sive devices is regu­lated by the Explo­sives Act (SprengG):

Section 3a (1) SprengG divides so-called pyro­technic articles, which also include fire­works, into four diffe­rent cate­go­ries depen­ding on the degree of danger.

Small fire­works (e.g. spar­klers or fire­cra­ckers) and small fire­works (e.g. rockets and fire­cra­ckers sold in Germany) fall into the first two cate­go­ries and are permitted subject to certain age and time limits.

In contrast, the use of fire­works in the third and fourth cate­go­ries, i.e. the use of so-called medium and large fire­works, requires an offi­cial licence in accordance with § 7 and § 27 of the Explo­sives Act.

Anyone who does not obtain this and still uses such fire­works on New Year’s Eve is liable to prose­cu­tion under Section 40 of the Explo­sives Act. Depen­ding on whether the offence was inten­tional or negli­gent, a fine or a prison sentence of up to three years may be imposed. Anyone who knowingly causes a concrete danger to life and limb or other peop­le’s property can even face a prison sentence of up to five years.

The most well-known illegal fire­works are probably the so-called “Polen­böller” or “China­böller”.

These are fire­cra­ckers that are usually manu­fac­tured in China or Italy and, due to their much higher volume and destruc­tive power, pose a greater risk of injury than the explo­sive devices autho­rised in Germany.

In most cases, these are ground deto­na­tors that fall into the prohi­bited cate­go­ries due to their explo­sive compo­si­tion and/or have safety defi­ci­en­cies. In most cases, they also contain banned flash-bang devices.

The explo­sion is ther­e­fore often faster and stronger, the subs­tance mixtures can vary greatly in some cases, are not veri­fiable and there are often defects, such as fuses that are too short or defec­tive latex closures in the casing.

In some cases, the illegal explo­sive devices can even have the effect of a hand grenade; every year on New Year’s Eve, there are reports of torn limbs, burnt body parts or even deaths in this context.

In some cases, the objects are even used to blow up vending machines or carry out terro­rist attacks.

In some count­ries, such as Poland, the Czech Repu­blic or Spain, the purchase and use of such fire­works is permitted without rest­ric­tion, which means that some people from Germany set off shortly before New Year’s Eve to purchase such pyro­technic articles at the German-Polish border and bring them home for the New Year’s Eve cele­bra­tions and use them in Germany.

However, it is not only the hand­ling of illegal fire­works that can have unplea­sant conse­quences.

Accor­ding to Section 23 (1) of the First Explo­sives Ordi­nance (1. SprengV), anyone setting off legal explo­sives on New Year’s Eve must ensure that they stay away from fire-sensi­tive buil­dings, churches, hospi­tals and child­ren’s and old peop­le’s homes.

In addi­tion, legal fire­works in the second cate­gory may only be used by persons of legal age between 31 December and 1 January in accordance with Section 23 (2) sentence 2 of the 1st Explo­sives Ordi­nance.

In the event of an infrin­ge­ment, this consti­tutes an admi­nis­tra­tive offence in accordance with § 41 Para. 1 No. 16 SprengG in conjunc­tion with § 23 Para. 1, 2 in conjunc­tion with § 46 No. 8b 1. SprengV, which is punis­hable by a fine.

Quite apart from the provi­sions of the Explo­sives Act, the general criminal offences of the Criminal Code may of course also be rele­vant in indi­vi­dual cases:

In parti­cular, the offences of bodily harm and homicide (§§ 212 ff. and §§ 223 ff. StGB) as well as damage to property (§ 303 StGB) and arson (§§ 306 ff. StGB) come into conside­ra­tion here.

It is ther­e­fore wort­hwhile — quite apart from the possible conse­quences for other people, other peop­le’s property and the envi­ron­ment — to observe the rele­vant regu­la­tions in your own inte­rest, despite the exuberant party mood, and thus start the new year without having to face criminal charges.