Disorderly conduct / violent disorder

According to the current Criminal Code, the perpetrator of public nuisance is anyone who engages in provocatively antisocial, violent conduct that is capable of causing public indignation or alarm.
The protected legal interest of public nuisance is the social interest in maintaining public peace.
The conduct is treated more severely if public nuisance is committed by a group, in a way that seriously disturbs public peace, while armed, in possession of a weapon, or at a public event. In such aggravated forms, the offence may be punishable by up to three years’ imprisonment.
The essence of public nuisance is that the perpetrator openly opposes and violates social norms of coexistence. For criminal liability, the conduct must be both provocatively antisocial and violent.
In addition, the act must be objectively capable of causing indignation or alarm in others. However, it is not necessary that someone actually witnesses the conduct.
If the violent element is missing, the perpetrator is liable only for a misdemeanour of public nuisance, for which the petty offence court may impose detention for up to sixty days.

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After this consultation, the client will be in a position to freely decide whether to engage our experienced criminal defence attorneys.

The conduct constituting public nuisance must be provocatively antisocial and violent.
A behaviour is considered antisocial when it is obvious to virtually everyone that such conduct is unacceptable (i.e. it violates basic norms of social coexistence).
It is regarded as provocatively antisocial if it reflects an open defiance of these norms, a serious breach where the offender themselves knows they are “crossing the line” but shows deliberate disregard.

The other essential feature of public nuisance is violence, which can be directed against both persons and property.

• Violence against a person means physical, aggressive action, even if it causes no injury. A shove or even throwing an egg at someone is sufficient.
• Violence against property may include throwing around furniture in a bar, or striking the hood of another person’s car.

Both elements—provocatively antisocial and violent—must be present. If either is missing, no criminal offence exists.

The conduct must also be capable of causing public indignation or alarm.

• Indignation means negative judgment or condemnation by others.
• Alarm means that fear is also generated.

Such reaction must arise in other persons, requiring at least two people to be present or potentially present.
Thus, public nuisance is not committed if it takes place in a closed family circle. But if it happens in a courtyard visible and audible to neighbours, the conduct may easily cause indignation.
Typically, public nuisance involves a larger number of people being affected or having the possibility to observe it.

Public nuisance can only be committed intentionally. The offender must be aware that their behaviour is both antisocial and violent.
The offence is complete with the conduct itself; actual indignation or alarm does not need to occur.
The offender may also be banned from the location of the offence.

The offence is considered more serious if committed:

• by a group,
• in a manner seriously disturbing public peace,
• while armed,
• in possession of a weapon, or
• at a public event or assembly.

Group public nuisance

According to the Criminal Code, the offence is committed by a group if at least three persons participate, whether on the same or opposing sides. Even accomplices or instigators present at the scene may count toward the group.

Seriously disturbing public peace

This occurs when indignation or alarm actually follows, and restoring order requires significant time or resources—such as mass unrest at a football match that can only be contained by police intervention.

Public event or assembly

A public event is one open to all under the same conditions. An assembly means at least two people gathering publicly to express opinions on public affairs, with anyone free to join.

• Basic form: up to two years’ imprisonment.
• Aggravated form: up to three years’ imprisonment.

The offender may also be banned from the scene.
However, imprisonment is not automatic. Courts consider many factors, and every case is different. Whether the accused gives a statement in police interrogation, and what they say, can strongly influence the outcome.
 Never make a statement without consulting a defence lawyer. If you already have, seek legal advice immediately.

Depending on whether the violence is against a person or property, the conduct may also amount to bodily harm or criminal damage.
However, liability for public nuisance applies only if those offences carry the same or a lesser penalty than public nuisance.
If violence is absent, the act is classified only as a misdemeanour of public nuisance.

The distinction from the criminal offence lies in the absence of violence.

• If violence is present (against a person or property), the offence is criminal.
• If the conduct is merely provocatively antisocial but not violent, it constitutes a misdemeanour.

Criminal liability for public nuisance expires after the limitation period, which corresponds to the maximum penalty but is at least five years. The limitation period begins on the day the offence was committed.