Law on direct coercion when exercising official authority by federal law enforcement officers

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Basic data
Title: Law on direct coercion when exercising official authority by federal law enforcement officers
Short title: (no official short title)
Abbreviation: UZwG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative enforcement law
References : 201-5
Issued on: March 10, 1961
( BGBl. I p. 165 )
Entry into force on: April 1, 1961
Last change by: Art. 43 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1333 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on the direct obligation upon the exercise of official authority by law enforcement officials of the Federation ( UZwG ) regulates the use of direct force in the exercise of official authority by law enforcement officials of the Federation (Germany) . The law does not intervene in special legal regulations. For the use of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and allied armed forces as well as civil security guards, this law does not apply, but the UZwGBw .

Immediate coercion within the meaning of the law "is the effect on people or things through physical violence, their aids and weapons" (Section 2 of the law). Physical violence is to be understood as any direct physical impact on people or property , physical aids in particular shackles, water cannons, technical barriers, service dogs, service horses and service vehicles . The law designates officially approved cutting and firing weapons , irritants and explosives as weapons .

Immediate coercion is one of the coercive means of administrative enforcement , which are used to enforce sovereign state action in the area of administrative law , in particular danger prevention , but also criminal prosecution , penal enforcement and border security .

When applying direct coercion, the principle of proportionality must be observed in particular (Section 4 of the Act). This principle also determines the more detailed regulations on the use of firearms (in particular sections 10, 12, 13 of the Act). The use of firearms is only permitted in a limited number of cases, and then only when other measures are not promising.

Immediate coercion and state administrative action

Administrative action is essentially carried out through orders in an individual case ( administrative file ).

Example: In the event of a sit-in, the interferer is ordered to move away from the blocked tracks .

If this order is not followed by the addressee, the question of its compulsory enforcement in the context of administrative enforcement arises. There are basically different options. A penalty payment can be used to influence the addressee of the administrative act to comply with the order made. If this does not promise success or if the purpose of averting danger does not allow the resulting delay, the authority can take action to implement its measure itself by means of substitute performance or direct coercion. The application of direct coercion is therefore usually a follow-up measure to enforce a previously made order. (In individual cases, due to lack of time, a previous administrative act can no longer be issued, but immediate coercion is applied: A gunman races towards a crowd. An officer stops the vehicle by shooting in the tires. )

There are various legal regulation techniques, according to which the powers to the initial measures and the measures to enforce them are regulated. In the police laws of the federal states, both the basic powers to avert danger and the powers to enforce administrative acts are regulated in a law. For the general security authorities, the powers to take initial measures result from various laws, the powers to enforce including the application of direct coercion are then summarized in administrative enforcement laws. In this respect, the federal government has again taken a different approach and, in addition to the Administrative Enforcement Act, has issued a separate law specifically for the application of direct coercion.

Outline of the law

First section: General rules on direct coercion

§ 1 Legal Basis
§ 2 Definitions
§ 3 Restriction of Fundamental Rights
§ 4 Principle of proportionality
§ 5 Assistance for injured persons
Section 6 Federal enforcement officers
§ 7 acting by order

Second section: Special regulations for restraint and the use of firearms and explosives

§ 8 Restraint of people
§ 9 Persons authorized to use firearms
Section 10 Use of firearms against persons
Section 11 Use of firearms in border service
§ 12 Special regulations for the use of firearms
§ 13 threat
Section 14 Explosives

Third section: final provisions

§ 15 Emergency
§ 16 Framework regulation under civil service law
Section 17 Enforcement officers in the State of Berlin
§ 18 administrative regulations
Section 19 Berlin Clause
§ 20 Entry into Force

literature

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