Graffiti is one of the many forms of vandalism. Even if it is done well, it constitutes an offence if the owner of the surface used has not given their permission in advance.
The offence in question is malicious damage, which is punishable under criminal and civil law. Taggers are liable to receive a fine, a community service order or even a prison sentence.
If the victim obtains a debt order from the court, the tagger can be asked to make payments to the court finance office for a period of 30 years to compensate for the damage caused.
The Luxembourg Criminal Code provides the following penalties and fines for graffiti and vandalism:
A punishment of imprisonment for between 8 days and 1 year and a fine of between €251 and €5,000 shall apply to anyone who destroys, tears down, defaces or damages:
Tombs, commemorative plaques or gravestones;
Monuments, statues or other objects intended for public interest or decoration and erected by or with the permission of the competent authority;
Monuments, statues, paintings or any other objets d'art placed in churches, temples or other public buildings.
(L. 15 July 1993) Anyone who maliciously damages, destroys or harms the movable property of others shall be punished by imprisonment for between 1 month and 3 years and a fine of between €251 and €10,000, or only one of these penalties.
Any destruction of, harm or damage to the movable property of others carried out using violence or threats is punishable by imprisonment for between 3 months and 5 years and a fine of between €500 to €25,000, or only one of these penalties.