Contrary to what has already been said, I have to say that, in certain circumstances, you may smash the window of a car.
I can only refer here to the law of the Federal Republic of Germany:
However, one should be convinced that the danger to the dog is already life-threatening, because it has been in the closed car for a long time.This is likely to be difficult for many to judge. This includes, what is the overall situation? Car in the blazing sun, in the shade, outside temperature, optical condition of the dog, how long it is already in the car, WHERE stands the car (in the middle of the field / forest / in front of the shopping center etc.). This also includes whether or not you can find a person responsible in a timely manner.
There are, of course, other problems.Is it a normal “standard” dog or does it make a problematic impression? A visibly aggressive dog, no matter what breed, you will have solved its problem (heat) by smashing the disc, but you get the problem of being bitten (or someone else). Who pays? The polluter (who smashed the disc).
In addition, when the dog is outside, he will be vt.do not sit down and wait for his master. If he runs around, he could run into a car, which could cause damage – who pays? The polluter (who smashed the disc).
NUN I come to WHY in these circumstances the disc can be smashed with impunity and without recourse.It is not an emergency. Par.32 StGB (Par.227 BGB), but in order to create a “justifiable emergency” in accordance with Par.34 StGB:
‘Any person who commits an act in a present danger to life, body, liberty, honour, property or other legal property in order to avert the danger of himself or another shall not act unlawfully if, when weighing up the conflicting interests, , in particular the legal assets concerned and the degree of danger stake in them, the protected interest which substantially outweighs the affected interests.However, this shall only apply if the act is an appropriate means of averting the risk.’
State of emergency according toPar.228 BGB:
‘Anyone who damages or destroys a third party in order to avert a danger arising from it from himself or another shall not act unlawfully if the damage or destruction is necessary to avert the danger and the damage is not out of relation to the danger.If the person acting is responsible for the risk, he shall be liable for damages.”
The thing is the disc, the danger is threatened by the closed disc to the dog owner in the form of a dead or health-damaged dog, especially before the law a “thing”, which is subject to the Animal Welfare Act.A smashed disc should in no case be out of proportion to the health hazard / death of the dog. In addition, it is to be assumed that the dog owner adheres to the Animal Welfare Act and wants to avert any damage or torment / suffering from his animal – otherwise he would be liable to prosecution. Therefore, the disc may be smashed with consideration of all the mentioned pros and cons, if the situation requires it in order to save the life of the dog.
Personally, however, If possible, I would call the police for help, if possible, whether I would smash the disc in advance (because the dog would objectively be on the verge of death) or not.
But I was also in such a situation once.Two wolfhounds were locked in a closed car, the owners were not on site and could not be found. It was about 30 degrees, but the car was in the shade. The dogs were visibly pissed, but this was not because of the heat, they were gnashing their teeth and wanted to bite into the windows. They almost dismantled the car as I got closer. No whimpering, no squinting, no wistful looks – real suckers, who i was still sorry for. If I had smashed the disc, it would have been for me. The summoned police then settled the matter.