Imprisonment
The obsessive one of Germany the means of administrative enforcement . This is used to enforce administrative acts which oblige the party liable to perform an unjustifiable (i.e. personal) performance or to omit . However, coercive detention is not an independent means of coercion , but is primarily used in the event that a penalty payment cannot be collected. As a continuation of the coercive payment, coercive detention shares the flexural character of the other coercive means: it is not intended to serve as a punishment, but rather to bend the will of the person liable.
The legal basis for compulsory detention is at the federal level § 16 of the Administrative Enforcement Act and at the state level the relevant regulations in the respective administrative enforcement laws of the federal states.
Due to the severity of the intervention, the principle of proportionality must be observed in particular. As a rule, compulsory detention is only proportionate if other compulsory measures ( penalty payment and substitute performance ) have been used unsuccessfully or do not promise any success for other reasons.
Not to be confused with compulsory detention, with which order is to be enforced in court proceedings, or compulsory detention , with which the payment of a fine is to be enforced.
Individual evidence
- ↑ BeckOK VwVfG / Deusch / Burr VwVG § 9 Rn. 8-10. Retrieved August 12, 2019 .
