Catalogue question 274 · Question catalogue in force since 2024-07-01

In Germany, you have intentionally opened a letter addressed to another person. What have you failed to observe?

Why — for every option

1. A — The right to remain silent is a right of the accused in criminal procedure not to incriminate themselves — it has nothing to do with opening someone else's mail.
2. B — Correct: Art. 10 of the Basic Law protects the secrecy of correspondence; unauthorised opening of someone else's mail is furthermore a criminal offence under § 202 of the Criminal Code (violation of the secrecy of letters).
3. C — The duty of confidentiality applies to certain professional secret-holders (e.g. doctors, lawyers), not to general postal secrecy.
4. D — Freedom of expression (Art. 5 Basic Law) protects the expression of your own opinions, not opening someone else's mail.

Source: www.gesetze-im-internet.de