Questão jurídica principal
Whether Art. 292 StGB could be used to threaten punishment for breach of the alcohol ban.
Decisão extraída
No. Where the relevant administrative law provides only a measure and not a punishment for non-compliance, an individual threat of punishment under Art. 292 StGB is impermissible.
Fundamentação extraída
The Trinkerfürsorge legislation provided a graduated system of measures and only criminalized breach of the more severe tavern ban in § 14. The absence of any penalty provision for violation of the alcohol ban showed that the legislature did not intend punishment for that conduct. The later replacement act contained only measures and no criminal provisions at all.