Common danger
A common risk is a term for a situation in which an unspecified number of people or numerous tangible assets of at least a total high value at risk are. The term appears in some criminal offenses and in police and regulatory law - as a prerequisite for police intervention - and has also found its way into the Basic Law .
Bringing about a common danger is a criminal offense (see publicly dangerous offense ).
Police and regulatory law
In numerous provisions of German police law , a common danger is mentioned as a prerequisite for police intervention . The police and regulatory laws of the federal states contain the details and authorization bases .
Examples:
- According to Art. 44 of the Bavarian Police Task Act, in the event of common danger, the police can be searched using a grid .
- According to Art. 34 a of the Bavarian Police Tasks Act, data collection and intervention by the police in the telecommunications sector are permitted in the event of common danger.
- Section 31 (1) of the Baden-Württemberg Police Act , as well as Section 25 of the Saxon Police Act, the police can only enter an apartment at night against the will of the resident to avert a common danger or a life or serious health risk for individual persons.
- Section 20v of the Federal Criminal Police Office Act and Section 9 of the Constitutional Protection Act allow the Federal Criminal Police Office or the Office for the Protection of the Constitution to collect and transmit personal data in the event of common danger.
Acoustic living space monitoring
Article 13 (4) of the Basic Law allows “to avert urgent dangers to public security, in particular a common danger or a mortal danger”, the use of technical means to monitor apartments on the basis of judicial orders. The admissibility of acoustic living space surveillance (“ large eavesdropping ”) wasspecificallyregulatedin the Basic Law as a serious interference with the fundamental right to the inviolability of the apartment .
Criminal law
Public offenses
In Germany, acts that are dangerous to the public are treated as criminal offenses in Sections 306 to 323c of the Criminal Code (StGB) ( publicly dangerous offense ).
The Austrian penal code knows the penalties for endangering the community (§176f).
Failure to provide assistance
According to Section 323c of the Criminal Code , anyone who “does not provide assistance in the event of an accident or common danger or need is punished for failure to provide assistance , although this is necessary and reasonable under the circumstances, in particular without significant personal risk and without violating other important obligations.” it is an omission .
The aggravating penalty for theft
A theft taking advantage of the helplessness of another person, an accident or a common danger is particularly serious case qualified ( § 243 , para. 1, sentence 2 no. 6 CC).
Emergencies and 911 calls
The pretense that the help of others is necessary due to an accident or common danger is punishable ( Section 145 (1) No. 2 StGB).
It is a criminal offense to remove, change or render unusable the warning or prohibition signs and protective devices that are used to prevent accidents or common danger or to remove, change or render unusable rescue equipment and other items intended to provide assistance in the event of accidents or common danger ( Section 145 (2) StGB).
Emergency aid insurance
People who provide help in the event of an accident or common danger or emergency are insured under statutory accident insurance as emergency helpers by law ( Section 2 (1) No. 13 lit. a SGB VII ).
Individual evidence
- ↑ Art. 44 PAG ( Memento of the original from January 15, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Art. 34 a PAG ( Memento of the original from January 15, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
