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#274Sie haben in Deutschland absichtlich einen Brief geöffnet, der an eine andere Person adressiert ist. Was haben Sie nicht beachtet?

In Germany, you intentionally opened a letter addressed to someone else. What did you not consider?

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The correct answer is:

postal secrecy

das Briefgeheimnis

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Quick explanation

Anyone who deliberately opens someone else’s letter violates the privacy of correspondence.

Why is this correct?

The privacy of correspondence is a fundamental right (Article 10 of the Basic Law) and protected by the Criminal Code.

Background

Article 10 of the Basic Law states: “The privacy of correspondence, posts and telecommunications shall be inviolable.” This means nobody may read letters, parcels or messages addressed to another person without permission – not even family members or flatmates. Anyone who opens a sealed letter without authorisation can be punished under Section 202 of the Criminal Code with imprisonment of up to one year or a fine. The state, too, may only interfere with the privacy of correspondence and telecommunications in narrow exceptions and on a legal basis.

Why are the other answers wrong?

The right to remain silent is the right, for example as a suspect, not to say anything to the police or in court. Confidentiality obligations apply, for instance, to doctors and lawyers. Freedom of expression has nothing to do with opening letters.

Memory tip

Other people’s post = do not open (privacy of correspondence).

Legal basis: Art. 10 Basic Law (GG) ↗, Sec. 202 Criminal Code (StGB) ↗

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