Dangerous

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As instigator be in Germany in the law of security refers to those persons who are neither action are still state disturber, but in which "certain facts acceptance of the police authorities justify that they serious crimes, especially those within the meaning of § 100a of the Criminal Procedure Code ( StPO), committed ”. This definition, established in 2004 by the working group of the heads of the state criminal investigation offices and the federal criminal investigation office, is not anchored in German police law.

A nationally binding definition of the term dangerous could only be made after a previous amendment to the Basic Law , because the legislative competence for general police and regulatory law according to Art. 30 , Art. 70 GG lies with the federal states.

The terms dangerous and relevant person come from the police terminology and are used in the field of politically motivated crime (PMK).

meaning

The term became known through the then Federal Minister of the Interior, Wolfgang Schäuble, in an interview with Spiegel on July 7, 2007, in which he called for the legal basis for the restrictive treatment of such threats. Threateners should be treated and interned like combatants according to international martial law . The legal basis corresponds roughly to the preventive custody with which hooligans would be pulled out of circulation.

Federal Minister of the Interior (2011–2013) Hans-Peter Friedrich (CSU) outlined the term as follows: "People who are exposed to facts justify the assumption that they could commit serious crimes" are at risk, which also includes an attack. According to a statement made by Friedrich in September 2011, there are almost 1000 people in Germany who could be described as possible Islamist terrorists . Of these, 128 would in turn be classified as dangerous. About 20 of these threats were also clearly for training in a terror camp . On September 10, 2016, the Federal Minister of the Interior, Thomas de Maizière , announced that the number of threats living in Germany, at 520 people, was higher than ever before. De Maizière also spoke of around 360 people who are listed as relevant people. A person is to be regarded as relevant if he assumes the role of (a) a leader, (b) a supporter / logistician, (c) an actor within the extremist / terrorist spectrum and there are objective indications that allow the prognosis that he is political Motivated crimes of considerable importance, in particular those within the meaning of Section 100a of the Code of Criminal Procedure, promotes, supports, commits or participates in them, or (d) it is a contact or companion of a person at risk, an accused or a suspect of a politically motivated crime of of considerable importance, in particular one within the meaning of § 100a StPO.

In December 2017, the media reported that 720 people had been classified by German security authorities as Islamist threats. Among them are "several dozen" women and young people, all in all a "low single-digit percentage" of women and minors.

In July 2019, Sabine Leutheusser-Schnarrenberger explained in a guest article in Der Spiegel that the agitation against right-wing extremists was turning into open terror and that “organized and well-equipped right-wing extremist networks” were operating in Germany. In addition to pooling the offices for the protection of the constitution, she also cited the necessary measures to be an “active addressing of threats in the right-wing scene”, as has been successfully used “in the hooligan and Islamist scene [...] for years”.

According to the Federal Criminal Police Office , a total of 681 Islamist, 43 right-wing extremist and five left-wing extremist perpetrators were known as of October 15, 2019.

Forecasting methods

According to media reports, the BKA and other police authorities use an eight-stage forecast model internally to assess the risk; At level 1, a dangerous event can be expected, while at level 8 this can be excluded. Anis Amri , the assassin from Breitscheidplatz, was previously classified in this model in level 5 - the occurrence of a dangerous event was therefore considered to be rather unlikely.

The journalist Kai Biermann and the linguist Martin Haase criticized the term on their blog Neusprech : “Dangers” are not even suspects in the legal sense , since there are no concrete indications against them, they are ultimately innocent. The term comes into conflict with the presumption of innocence , if “dangerous” would be treated like suspects or criminals, as some politicians demand. For example, after the attack on Breitscheidplatz in Berlin, Christian Lindner (FDP) called for electronic shackles to be put on “endangers”.

A software for classifying the danger posed by a person, called "radar", will initially be used in individual federal states, and from summer 2017 nationwide by state security authorities.

activities

It is important to point out that the police classification as a hazard alone does not justify or trigger any intervention measures. It is exclusively an internal police classification. Rather, it must be checked in each individual case for each intended state intervention measure whether the relevant factual requirements are met.

Addressing the threat

The police can informally address known threats in order to influence their further behavior. The individual approach is intended to signal that “the police are interested in his person, the danger situation is registered with the police and the situation is taken seriously”. In the field of juvenile delinquency , it is also intended to influence the norm uncertainty typical of young people by setting limits and highlighting possible consequences. The potential perpetrator should be made aware of an increased risk of crime being discovered. The interview should also provide information that is of importance for further police action.

Addressing a threat that encroaches on the area of ​​protection of the general freedom of action of Article 2, Paragraph 1 of the Basic Law requires a legal basis for authorization.

Police powers of intervention

Individual state police laws such as Section 1 (3) ASOG have expanded the police's tasks to include the prevention of criminal offenses and the provision for the prosecution of criminal offenses (preventive fight against criminal offenses). The Free State of Bavaria was the first federal state to adopt the term "impending danger" in its Police Task Act, which, under certain conditions, also allows individual standard police measures.

On June 9, 2017 was with § 20z BKAG the electronic residence Monitoring first regulated by federal law to hold certain individuals by monitoring and data used by the commission of an offense. Since May 25, 2018, the regulation has been identical in content in Section 56 BKAG.

Immigration law

The discussion about how to deal with the so-called threats also includes the deportation of foreign extremists. According to § 58a AufenthG, the highest state authorities - and in the case of a special interest also the Federal Ministry of the Interior - can issue a deportation order against a foreigner classified as dangerous . In a ruling on July 13, 2017, the Federal Administrative Court confirmed that Section 58a of the Residence Act was both formally and materially constitutional. Although Section 58a of the Residence Act was introduced in 2004, it was not applied for a long time because it was considered “unsuitable”.

In July 2017, the law for better enforcement of the obligation to leave the country was passed, according to which endangered persons can more easily be taken into deportation detention and obliged to wear an electronic ankle bracelet .

A bill by the AfD parliamentary group "to protect the population from foreign threats" met with broad rejection in the Bundestag.

criticism

The inadequate exchange of information within the European Union about Islamist threats is criticized, which is attributed to the fact that no common definition of a threat has been agreed so far. In recent years, the European secret services have set up a joint database and exchange platform on Islamist threats within the so-called Counter Terrorism Group (CTG) in The Hague . In the exchange of information, there are data law differences in the member countries about which information can be shared.

See also

Web links

Individual evidence

  1. ^ Written questions with the answers received from the Federal Government in the week of November 20, 2006. (PDF; 360 kB) German Bundestag , November 24, 2006, p. 6 , accessed on March 29, 2013 (printed matter 16/3570, questions 9 and 10).
  2. ↑ Legal definition of the term “dangerous” Scientific Services of the German Bundestag , as of February 27, 2017, p. 4
  3. ↑ Answer of the Federal Government to a small question Problem of the dangerous term, BT-Drs. 18/12196 of May 2, 2017, p. 2
  4. ↑ SPIEGEL interview: Schäuble calls for cell phones and internet bans for terror suspects. In: Spiegel Online . June 7, 2007, accessed March 29, 2013 .
  5. ↑ Peter Blechschmidt, Monika Maier-Albang: Schäuble wants law to kill terrorists. In: Süddeutsche Zeitung . December 12, 2008, accessed March 29, 2013 .
  6. ↑ Ralf Schuler, Franz Solms-Laubach: Interior Minister Friedrich in BILD interview: There are 1000 Islamist terrorists in Germany! Image, September 4, 2011, accessed March 29, 2013 .
  7. ↑ 520 Islamist threats in Germany. In: Spiegel Online . September 10, 2016, accessed September 10, 2016 .
  8. ↑ quoted from BT-Drs. 18/11369 , preliminary remark by the Federal Government
  9. ↑ S-returnees security authorities classify dozens of women as dangerous women. In: Spiegel Online. December 16, 2017, accessed December 16, 2015 .
  10. ^ Sabine Leutheusser-Schnarrenberger: Right-wing extremism: agitation turns into terror. In: Spiegel online. July 28, 2019, accessed July 28, 2019 .
  11. ↑ Political extremism: The threats are male. October 22, 2019, accessed October 28, 2019 .
  12. ↑ Anis Amri - The risk of an attack was considered "rather unlikely". In: dnn.de. Dresden Latest News , accessed on January 14, 2017 .
  13. ↑ Danger . In: neusprech.org . March 28, 2010 ( neusprech.org [accessed December 23, 2016]).
  14. ↑ Ronen Steinke: Terror Danger in Germany: The Difficult Dealing with the “Danger” . In: sueddeutsche.de . ISSN  0174-4917 ( sueddeutsche.de [accessed December 23, 2016]).
  15. ↑ Dangerous: The nightmare of the rule of law. In: tagesschau.de. Retrieved December 23, 2016 .
  16. ↑ BKA relies on software against threats. In: tagesschau.de. ARD, January 20, 2017, accessed on January 26, 2017 .
  17. ↑ New security system: "Radar" is supposed to better detect threats. n-tv, January 21, 2017, accessed January 26, 2017 .
  18. ↑ Birgit Müller: The Dangerous Address: Concept, Possibilities, Limits ( Memento from June 14, 2018 in the Internet Archive ), Training Institute of the Bavarian Police. Retrieved December 4, 2019.
  19. ↑ VGH Baden-Württemberg, judgment of December 7, 2017 - 1 S 2526/16
  20. ↑ Hans-Peter von Stoephasius: Basics of the right of intervention to avert danger Berlin University of Economics and Law , articles from the Department of Police and Security Management No. 12/2014, p. 53 ff.
  21. ↑ cf. Kyrill-Alexander Schwarz : Expert opinion on the draft law of the parliamentary groups of the CDU / CSU and the SPD for a law to restructure the Federal Criminal Police Office Act (BT-Drs. 18/11163) March 15, 2017
  22. ↑ a b Florian Flade: Federal Administrative Court: What this fundamental judgment means for dangerous Islamists. In: World N24. March 25, 2017. Retrieved November 5, 2017 .
  23. ↑ a b See also: German Bundestag, Drucksache 17/6901, 17th electoral period, September 2, 2011. The Federal Government's response to the minor question from MPs Memet Kilic, Josef Philip Winkler, Volker Beck (Cologne), other MPs and the parliamentary group BÜNDNIS 90 / DIE GRÜNEN - Printed matter 17/6461 , p. 3.
  24. ↑ Decision of July 13, 2017 - BVerwG 1 VR 3.17 , guiding principle 2.
  25. ↑ Law for better enforcement of the obligation to leave the country ( BGBl. 2017 I p. 2780 , PDF)
  26. ↑ Better enforce the obligation to leave the country. German Federal Government, May 18, 2017, accessed on May 20, 2017 .
  27. ↑ draft law of the federal government. Draft law to improve the enforcement of the obligation to leave the country. In: Printed matter 18/11546. German Federal Government, March 16, 2017, accessed on May 20, 2017 .
  28. ↑ BT-Drs. 19/931 of February 26, 2018
  29. ↑ Helmut Stoltenberg: Debate about preventive detention: Broad parliamentary majority against AfD initiative Das Parlament , March 5, 2018
  30. ↑ There an Islamist, here a criminal , Tagesschau.de, December 13, 2018. Retrieved December 18, 2018.