Character aptitude
Character aptitude is an indefinite legal term that is technically controversial. It is very common in colloquial terms.
Criminal law
In legal practice, the term is often used for personal assessments by the respective court. The use often takes place without concrete operationalization and justification and is therefore understood as an expression of judicial presumption. The lay psychological point of view of the respective judge takes the place of a technically justified, holistic and scientifically founded assessment of the suitability requirements.
In May 2005, decided federal court in Germany that there been a common practice, for example, an offender who, using a car a crime committed automatically because of lack of character suitability to withdraw the license is invalid.
Administrative law
The use of the term in administrative decisions (example: ordering a medical-psychological examination (MPU) in the event of revocation or renewal of the driving license in Germany) corresponds to outdated administrative practice and is rejected by traffic psychologists . Doubts of the driving license authorities about the fitness to drive, which lead to the order of an MPU, are not to be justified by value judgments, but by facts. This can lead to serious violations of the road traffic regulations, such as B. Driving without a driving license or unauthorized removal from the scene of the accident (see withdrawal and renewal of driving license ). The same applies to driving a motor vehicle under the influence of alcohol (from a blood alcohol concentration of 1.6 per mille) or illegal drugs or repeated violations of the road traffic regulations, which lead to a score of more than 8 points according to the German point system .
Other uses
There are analogous regulations for the pilot's license , certificates of competence and shipping .
