Property security
The term property protection refers to measures that protect the basic right to property ( Art. 14 GG ) of a legal or natural person . Property security can be carried out by the police or investigator of the public prosecutor's office as well as by the legal or natural person himself. The aim of property security is to prevent unauthorized persons from gaining (permanent) possession of the property.
Legal property protection
The legal protection of property is divided into the protection of property under police law , criminal procedure and commercial law.
Property security under police law
The task of the police is to avert threats to public safety . Public security also includes the inviolability of the legal system of the rights of the individual ( protection of private rights ). In danger prevention, property security is based on police law and is effected by securing abandoned objects. When carried out by the police, it is sometimes a double-functional measure and a transfer of custody takes place when securing property .
Examples:
- A boutique forgets to put its clothes rack in front of the store after business hours. The police take the clothes rack and notify someone in charge.
- After a traffic accident , the driver must urgently be hospitalized. The police take the valuables and keep them and the vehicle keys at the station.
Property security under criminal procedural law
In criminal proceedings , items are not seized but are confiscated that are in the unauthorized possession of third parties and that were obtained from a criminal offense. Here, the objects are confiscated in anticipation of an expected judgment . This procedure is called recovery aid ( Section 94 , Section 98 , Section 111a , Section 111b Paragraph 5 StPO ) and can also be carried out by investigators from the public prosecutor's office .
Examples:
- A bicycle thief is arrested by the police and the bicycle he is carrying is confiscated. A new (sovereign) custody is established. The bike will be returned to the owner as soon as possible.
- A fraudster was arrested by the police shortly after the crime was committed after a transfer fraud (damage: € 2,000). The cash of the same amount he has carried with him will be confiscated and handed over to the injured party.
Commercial property protection
As a commercial law securing property which is usually retention of title understood as backup. The retention of title serves in the event of a future legal acquisition of ownership by the retained buyer of a movable item to which the retained buyer has a mandatory claim . The retention of title serves to secure the purchase law claims for transfer of ownership of the purchased item and correction of the purchase price liability .
Crime preventive property security
Crime preventive property security is behavior-oriented prevention to protect personal property. Crime preventive property security is understood to mean control activities and security precautions. This includes, for example, property security through the use of security and locking personnel as well as the installation of alarm systems. But neighborhood help also helps prevent crime and can protect property.
literature
- Johannes Wessels: Criminal Law Special Part 2: Offenses against Assets , Müller (CFJur.), Heidelberg; 32nd edition, ISBN 3811497197
Individual evidence
- ↑ See e.g. B. § 1 PolG, § 1 SPolG etc.
- ↑ Christoph J. Börner (Ed.), Oliver Everling (Ed.), Robert Soethe (Ed.): Buying, renting and leasing in the rating: Safely assessing the financing of long-lived assets , Gabler, 2007 ISBN 3834905437
- ↑ See Bernhard Nagel: Business Law , Property, Delict and Contract with an Introduction to the Economic Analysis of Law, Volume 2, Edition 4, Oldenbourg Wissenschaftsverlag, 2003, p. 44, ISBN 3486272772
