Safe passage

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Safe passage (or safe passage ) refers to a commitment to a specific person not to be harassed, attacked or arrested.

Criminal procedural law

In criminal procedural law , “safe conduct” refers to the promise of a court to an accused not to take him into custody within the reach of the judicial authorities . Such a commitment is intended to induce important witnesses to a trial who are abroad to enter and testify. In Germany, § 295 StPO forms the legal basis for such a commitment, in Austria § 197 StPO , in Switzerland Art. 204 StPO .

Also in international law agreements on mutual legal assistance in criminal matters there are often provisions, the purpose of which is to ensure that when a witness is transferred from Germany to another country or when he is summoned to be questioned abroad, he is not due to a previous offense is pursued. They can be understood as an expression of a limited recognition of the right to safe conduct.

International martial law

Safe passage also refers to the situation in times of international conflict or war in which one party to the conflict issues a document to an opposing person that allows the person to cross the area without fear of harassment or assault on life and limb.

An example of such a safe conduct is Lenin's journey in a sealed car during the First World War in April 1917: As a citizen of Russia , which was at war with Germany , he was allowed to cross Germany on the way to Russia, as the German government was destabilized as a result Russia promised.

See also

Individual evidence

  1. BGH, judgment of February 24, 1988, Az. 3 StR 476/87, full text .
  2. ^ Meyers Konversationslexikon: Geleit , Verlag des Bibliographisches Institut, Leipzig and Vienna, 4th edition, 1885-1892.
  3. What was on March 23, 1917 on
  4. Leo on the train . In: Der Spiegel . No. 32 , 1987 ( online ).