Shipboard violence

from Wikipedia, the free encyclopedia
This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The on- board power denotes the rule

about its ship's crew or its flight personnel and its passengers . In German law, he is assigned the tasks and powers of law enforcement officers.

Aircraft

For German aircraft, the provisions of Section 12 of the Aviation Security Act (LuftSiG) apply in particular . Anyone who does not obey the instructions of the pilot or his agents and thereby resists with violence or threats of violence is punished with imprisonment for up to two years or with a fine ( Section 20 (2) Aviation Security Act).

The beginning of the on-board violence depends on the locking status of the doors, that is, the aircraft is considered to be in flight when the doors are closed (Tokyo Agreement of 1964, Chapter III, Art. 5, Paragraph 2).

The on- board authority on aircraft is also called air police sovereignty .

In addition to these sovereign powers, there are civil law authority to issue instructions , such as the exercise of property rights according to § 859 BGB and the associated house rules (see trespassing - § 123 StGB ), the right to self-help according to § 229 BGB and to self-defense according to § 227 BGB as well as the Exercise of emergency rights according to § 228 , § 904 BGB. Contractual legal bases also grant the pilot the authority to act accordingly. For example, all airlines have set out obligations for passengers in their General Conditions of Carriage , which impose appropriate behavioral obligations on passengers with regard to an undisturbed flight .

Aircraft and pilots are generally subject to the regulations of the state in whose territory they are located (see in particular Art. 1 ICAO Agreement ). The pilot therefore has to observe and obey the law of this state, which, however, would be extremely impractical. According to Art. 6 of the Convention on Offenses and Certain Other on-board aircraft Acts Committed on September 14, 1963 is the pilot in command explicitly authorized the exercise of board powers of the pilot in command over foreign territory by the right is granted to him, all to a person reasonable measures including any coercive measures that are necessary

  1. to ensure the safety of the aircraft or the people or property on board;
  2. to maintain order and discipline on board,

In November 2010, the Frankfurt Higher Regional Court had the opportunity to elaborate on the provisions on violence on board. The guiding principle is: “A flight captain is entitled to expel passengers from the aircraft and refuse to transport them if they refuse to obey his orders. In this case, the passengers are not entitled to any claim for damages against the air carrier. "

shipping

For ships sailing under the German flag, Section 121 of the Maritime Labor Act regulates violence on board.

Section 146 (1) in conjunction with Section 145 (1) no.16, Section 124 (1) sentence 2 SeearbG punishes the willful failure to comply with an enforceable order from a responsible superior, which serves to pose a threat to people, to the ship or to fend off its cargo, to prevent serious disruptions to ship operations or to comply with regulations on ship safety, with imprisonment of up to five years or with a fine (so-called mutiny ).

literature

  • aviation
    • Giemulla / van Schyndel: Aviation Security Act - Comment. Luchterhand - Aviaportal 2006 (especially § 12 LuftSiG), ISBN 3-472-06614-8

Individual evidence

  1. ↑ Federal Law Gazette 1969 II p. 121 - Tokyo Agreement
  2. ↑ OLG Frankfurt, judgment of November 19, 2010 , Az. 13 U 231/09, full text.
  3. ^ Trial of mutiny in the navy Deutsche Welle , September 24, 2013.
  4. ^ Mutiny on the ship: Marines before the Augsburger Allgemeine court , September 24, 2013.

Web links