Messenger of peace

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The Friedensbot is a legal institute in Liechtenstein administrative law for the prevention of direct actions that disturb or endanger the peace or quiet in a community . In terms of legal dogma, it is a procedural-free administrative act (preventive police measure).

Peace bidder

The institution of Friedensbots according to Art. 138 Liechtenstein National Administration Law (LVG) authorized Ortsvorsteher, local councils, country Weibel , local police or the local Weibel in Liechtenstein

  • within their territory and
  • expressly announcing their official status
  • in gross, public disputes that seem to turn into assault or that have already degenerated into such,
  • To offer the arguing or violent persons, “ if they are not one of them ”, formally peace and quiet under threat of fines (Art. 138 para. 1 LVG). Local councilors, municipal councilors, country women, local police officers or local women (peace offerers) can also take other permissible measures, e.g. B. Warnings according to 146 LVG, police custody acc. Art. 133 LVG, direct administrative coercion according to Art. 131 LVG, other administrative penalties Art. 139 ff LVG etc. use to restore peace and quiet.

Procedure

Peace and quiet is to be offered three times out loud by the official (peace bidder) to the contending or violent persons under the aforementioned conditions.

Sanctions

If the persons called for peace and quiet do not comply with the request and continue the dispute or the assault, then, subject to any other applicable criminal provisions,

  • a peace fine of up to 50 francs, in case of irrecoverability
  • 24 hours imprisonment,

(Art. 138 Para. 2 LVG).

See also

Sources and References

Art 138 Act of April 21, 1922 on general state administration (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative compulsory and administrative criminal proceedings), LGBl 24/1922.

  1. ↑ The procedural-free administrative act is decisive and largely characterized by the lack of a formal administrative procedure or regulated administrative process. Also referred to as a factual official act, immediate or direct (administrative) compulsion , official act of an actual nature, measures of direct official authority and coercive power against a specific person, etc. The procedural-free administrative act usually serves to avert immediate danger. See also police term
  2. ↑ Law of April 21, 1922 on general state administrative maintenance (the administrative authorities and their auxiliary bodies, the procedure in administrative matters, the administrative compulsory and administrative criminal proceedings), LGBl 24/1922.
  3. ↑ The "three times loudly to be offered peace and quiet under threat of fines", which is mandatory in the LVG, does not take away the character of a procedural administrative act from the Friedensbot.
  4. ↑ Approx. EUR 30. The peace fine can be compulsorily demanded (Art. 147 ff LVG) and is imposed in favor of the community poor fund.
  5. ↑ However, this fine may not be treated as a criminal record (Art. 138, Paragraph 2, last sentence LVG).