Germany Security Guard Test (§ 34a Sachkunde) 2026: Teste prático 3

1. Pergunta 1 de 25

   Which rule can justify harming a lesser legal interest to save a clearly more important one from a present danger?

   • AProhibited interference (§ 858 BGB)
   • BTrespass (§ 123 StGB)
   • CTheft (§ 242 StGB)
   • DJustifying necessity (§ 34 StGB)
   Mostrar resposta

   Resposta: D. Justifying necessity (§ 34 StGB)

   § 34 StGB applies if the danger cannot be averted otherwise, the protected interest clearly outweighs the harmed one, and the act is an appropriate means.

2. Pergunta 2 de 25

   Under § 127(1) StPO, who may temporarily arrest a person without a judge's order?

   • AOnly police officers
   • BAnyone
   • COnly licensed security managers
   • DOnly judges
   Mostrar resposta

   Resposta: B. Anyone

   § 127(1) StPO gives everyone (jedermann) the right to make a temporary arrest if the conditions are met.

3. Pergunta 3 de 25

   What is the first condition for a citizen's temporary arrest under § 127(1) StPO?

   • AThe person looks suspicious
   • BThe person refuses to buy anything
   • CThe person is caught in the act or chased immediately afterwards
   • DThe person was seen near the site last week
   Mostrar resposta

   Resposta: C. The person is caught in the act or chased immediately afterwards

   The person must be caught 'on fresh deed' (auf frischer Tat) or pursued straight after it.

4. Pergunta 4 de 25

   Besides being caught in the act, what else must apply for a citizen's arrest under § 127(1) StPO?

   • AThe person is a foreigner
   • BThe person is suspected of trying to flee, or their identity cannot be confirmed straight away
   • CThe client wants the person arrested
   • DThe person is younger than 25
   Mostrar resposta

   Resposta: B. The person is suspected of trying to flee, or their identity cannot be confirmed straight away

   There must be a reason to suspect flight, or it must be impossible to establish who the person is on the spot.

5. Pergunta 5 de 25

   A shoplifter caught in the act shows a valid ID card, lives nearby and is calm. There is no sign they will run. May you arrest them under § 127 StPO?

   • AYes, if the shop manager agrees
   • BYes, but only for 24 hours
   • CYes, any thief may always be held
   • DNo, neither flight risk nor unknown identity applies
   Mostrar resposta

   Resposta: D. No, neither flight risk nor unknown identity applies

   If the identity is known and there is no reason to suspect flight, the conditions of § 127(1) StPO are not met. Record the details and inform the police.

6. Pergunta 6 de 25

   After making a temporary arrest, what must a guard do?

   • ATake them to the client's head office
   • BHand the person over to the police without delay
   • CQuestion them until they confess
   • DRelease them after a warning to keep them quiet
   Mostrar resposta

   Resposta: B. Hand the person over to the police without delay

   A citizen's arrest only holds the person until the police take over. Call the police at once and do not hold the person longer than needed.

7. Pergunta 7 de 25

   A visitor refuses to show ID when asked. Who may establish a person's identity using force?

   • AAny guard on site
   • BThe building's cleaner
   • CThe client's receptionist
   • DThe police or the public prosecutor
   Mostrar resposta

   Resposta: D. The police or the public prosecutor

   § 163b StPO gives the power to establish identity to prosecutors and police. A guard can only ask, or use § 127 StPO if its conditions are met.

8. Pergunta 8 de 25

   When is someone guilty of trespass (Hausfriedensbruch) under § 123 StGB?

   • AWhen they enter a shop during opening hours
   • BWhen they enter unlawfully, or stay and do not leave after being asked by the person entitled
   • CWhen they walk on a public pavement
   • DWhen they ask for directions at reception
   Mostrar resposta

   Resposta: B. When they enter unlawfully, or stay and do not leave after being asked by the person entitled

   § 123 StGB covers unlawful entry into homes, business premises or fenced property, and staying after a request to leave by the rights holder.

9. Pergunta 9 de 25

   How is trespass under § 123 StGB normally prosecuted?

   • AAutomatically, without any complaint
   • BOnly if the entitled person files a complaint (Strafantrag)
   • COnly if a judge sees it happen
   • DOnly if the trespasser is over 21
   Mostrar resposta

   Resposta: B. Only if the entitled person files a complaint (Strafantrag)

   § 123(2) StGB says the offence is only prosecuted on complaint. The rights holder, such as the owner or tenant, must request prosecution.

10. Pergunta 10 de 25

    Within what time must a criminal complaint (Strafantrag) normally be filed?

    • ATen years
    • BThree months from when the entitled person learns of the act and the offender
    • CThree days
    • DOne year
    Mostrar resposta

    Resposta: B. Three months from when the entitled person learns of the act and the offender

    § 77b StGB sets a three-month period starting when the entitled person knows about the act and who did it.

11. Pergunta 11 de 25

    What is theft under § 242 StGB?

    • ADamaging a window by accident
    • BRefusing to leave a building
    • CTaking someone else's movable thing with the intent to keep it unlawfully
    • DBorrowing a pen with the owner's permission
    Mostrar resposta

    Resposta: C. Taking someone else's movable thing with the intent to keep it unlawfully

    Theft means taking another person's movable property intending to unlawfully appropriate it for yourself or a third person.

12. Pergunta 12 de 25

    A thief caught in the act uses violence against a store detective to keep the stolen goods. What offence is this?

    • ASimple trespass
    • BRobbery-like theft (räuberischer Diebstahl, § 252 StGB)
    • CInsult
    • DMinor property damage
    Mostrar resposta

    Resposta: B. Robbery-like theft (räuberischer Diebstahl, § 252 StGB)

    § 252 StGB punishes a thief caught in the act who uses violence or threats to keep the loot in the same way as a robber.

13. Pergunta 13 de 25

    What is bodily harm (Körperverletzung) under § 223 StGB?

    • ATaking someone's phone
    • BInsulting someone in writing
    • CEntering a building without permission
    • DPhysically mistreating someone or damaging their health
    Mostrar resposta

    Resposta: D. Physically mistreating someone or damaging their health

    § 223 StGB covers physical mistreatment and harm to health. Even an attempt is punishable.

14. Pergunta 14 de 25

    A store detective locks a customer in an office without any legal reason. Which offence may this be?

    • ATheft (§ 242 StGB)
    • BInsult (§ 185 StGB)
    • CProperty damage (§ 303 StGB)
    • DDeprivation of liberty (Freiheitsberaubung, § 239 StGB)
    Mostrar resposta

    Resposta: D. Deprivation of liberty (Freiheitsberaubung, § 239 StGB)

    § 239 StGB makes it a crime to lock someone up or otherwise take away their freedom without a legal justification.

15. Pergunta 15 de 25

    A guard sees a person collapse after an accident and simply walks away, although helping would be safe and possible. What may this be?

    • AA lawful choice with no consequences
    • BSelf-defence (§ 32 StGB)
    • CFailure to render assistance (§ 323c StGB)
    • DJustifying necessity (§ 34 StGB)
    Mostrar resposta

    Resposta: C. Failure to render assistance (§ 323c StGB)

    § 323c StGB makes it a crime not to help in an accident or emergency when help is needed and can reasonably be expected.

16. Pergunta 16 de 25

    From what age can a person be held criminally responsible in Germany?

    • A14
    • B12
    • C18
    • D7
    Mostrar resposta

    Resposta: A. 14

    § 19 StGB says anyone under 14 at the time of the act is not criminally responsible.

17. Pergunta 17 de 25

    Under the Youth Courts Act (JGG), what is a 'juvenile' (Jugendlicher)?

    • ASomeone aged 14 to 17 at the time of the act
    • BSomeone aged 18 to 20
    • CSomeone aged 7 to 13
    • DAnyone under 25
    Mostrar resposta

    Resposta: A. Someone aged 14 to 17 at the time of the act

    § 1 JGG defines a juvenile as 14 to under 18 and a young adult (Heranwachsender) as 18 to under 21.

18. Pergunta 18 de 25

    Under the Criminal Code, which acts are punishable unless the law says otherwise?

    • AOnly intentional acts
    • BAny act, whether intentional or not
    • COnly acts filmed on camera
    • DOnly negligent acts
    Mostrar resposta

    Resposta: A. Only intentional acts

    § 15 StGB says only intentional conduct is punishable, unless the law expressly also punishes negligence.

19. Pergunta 19 de 25

    At an event entrance, a guest refuses a bag check required by the house rules. What can the guard do?

    • ATake the bag and keep it
    • BArrest the guest under § 127 StPO
    • CRefuse entry under the house rules, without searching by force
    • DSearch the bag by force
    Mostrar resposta

    Resposta: C. Refuse entry under the house rules, without searching by force

    Bag checks rely on the guest's consent. A guard has no police power to search, but the rights holder may refuse entry to someone who will not accept the conditions.

20. Pergunta 20 de 25

    When can a security company show a 'need' (Bedürfnis) to have firearms under § 28 WaffG?

    • AWhenever it works at night
    • BWhen it shows it carries out guarding jobs that require firearms to protect a threatened person or object
    • CWhenever the client wants to look strong
    • DWhenever a guard asks for one
    Mostrar resposta

    Resposta: B. When it shows it carries out guarding jobs that require firearms to protect a threatened person or object

    § 28(1) WaffG accepts a need only if the company credibly shows guarding tasks that require firearms to protect endangered persons or objects.

21. Pergunta 21 de 25

    When may a guard carry a company firearm under § 28 WaffG?

    • AOnly on the way home
    • BOnly while carrying out a specific guarding job
    • CWhenever the guard feels unsafe
    • DAt any time, including off duty
    Mostrar resposta

    Resposta: B. Only while carrying out a specific guarding job

    § 28(2) WaffG limits carrying to the time a specific guarding task is actually being performed.

22. Pergunta 22 de 25

    Before a company hands a firearm to a guard, what is needed under § 28 WaffG?

    • AThe client's verbal approval
    • BOnly the guard's signature
    • CThe guard must be named to the authority, and the authority must agree
    • DA doctor's note
    Mostrar resposta

    Resposta: C. The guard must be named to the authority, and the authority must agree

    § 28(3) WaffG requires the employer to name the guard to the authority. Weapons may only be handed over after it agrees.

23. Pergunta 23 de 25

    Under DGUV Vorschrift 23, which weapons may guards NOT carry on duty?

    • ABlank-firing or gas weapons
    • BFirearms checked by an expert within the last year
    • CFirearms issued by the employer after the authority agreed
    • DOfficially tested pistols with a proof mark
    Mostrar resposta

    Resposta: A. Blank-firing or gas weapons

    § 19 DGUV Vorschrift 23 bans shock (blank-firing) and gas weapons for guard duty. Only officially tested firearms may be used.

24. Pergunta 24 de 25

    How must a firearm be handed from one guard to another?

    • AUnloaded, and the receiving guard checks it immediately
    • BWrapped in a cloth, without checking
    • CLoaded, so it is ready
    • DThrough a third person
    Mostrar resposta

    Resposta: A. Unloaded, and the receiving guard checks it immediately

    § 21 DGUV Vorschrift 23 says weapons may only be handed over unloaded. The receiver checks the loading state and visible defects at once.

25. Pergunta 25 de 25

    How must weapons and ammunition be stored under DGUV Vorschrift 23?

    • AUnloaded, in a steel cabinet with a security lock, kept separate from the ammunition
    • BIn the company car overnight
    • CLoaded, in a desk drawer
    • DIn the guard's locker together with ammunition
    Mostrar resposta

    Resposta: A. Unloaded, in a steel cabinet with a security lock, kept separate from the ammunition

    § 22 DGUV Vorschrift 23 requires at least steel cabinets with security locks, with weapons unloaded and stored apart from ammunition.

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O exame real: At least 50% of the points in the written part (60 of 120), then at least 50% in the oral part