Law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and allied armed forces as well as civil security guards

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Basic data
Title: Law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and allied armed forces as well as civil security guards
Short title: (no official short title)
Previous title: Law on the application of direct coercion and the exercise of special powers by soldiers of the Bundeswehr and civil security guards
Abbreviation: UZwGBw
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law , security law
References : 55-6
Issued on: August 12, 1965
( Federal Law Gazette I p. 796 )
Entry into force on: November 17, 1965
Last change by: Art. 12 G of December 21, 2007
( Federal Law Gazette I p. 3198, 3210 )
Effective date of the
last change:
January 1, 2008
(Art. 16 para. 1 G of December 21, 2007)
GESTA : C111
Weblink: Text of the UZwGBw
Please note the note on the applicable legal version.
Use of the UZwGBw by military police against the politician Christine Grabe , Member of the State Parliament .

The law on 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 ( UZwGBw ) regulates 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 . For the law enforcement officers of the Federal however, this applies UZwG .

It serves as armed forces police law and is supplemented by internal service instructions and service regulations of the Bundeswehr , above all by the Central Service Regulation (ZDv) 14/9. The UZwGBw is intended to enable the Bundeswehr to protect itself from criminal offenses against the Bundeswehr and from disruptions to official activities. It is the most important legal basis for soldiers to exercise coercion against private individuals and remains unchanged in the event of tension or defense . Legal terms that are used in the law correspond to those of the Code of Criminal Procedure and general police law .

Outline of the law

First section: General regulations

§ 1 Authorized Persons
§ 2 Military areas and security areas
Section 3 Crimes against the Bundeswehr

Section Two: challenging persons, persons testing , provisional arrest , search , seizure and conditions of direct force

§ 4 Stopping and personal screening
§ 5 Further personal verification
§ 6 Provisional arrest
§ 7 Search and seizure in the event of personal screening
§ 8 General order of searches
§ 9 Prerequisites for direct compulsion

Third section: application of direct compulsion

§ 10 Individual measures of direct coercion
§ 11 Threat of measures of direct coercion
§ 12 Principle of proportionality
§ 13 Assistance for injured persons
§ 14 Restraint of People
Section 15 Use of firearms against persons
Section 16 Special regulations for the use of firearms
Section 17 Threat of the use of firearms
Section 18 Explosives

Fourth section: final provisions

Section 19 Restriction of Fundamental Rights
§ 20 Compensation for blocking other locations
§ 21 Entry into force

Changes

The law has been amended three times since it came into force:

With Art. 159 Introductory Act to the Criminal Code of March 2, 1974, the words “acts threatened with punishment” were replaced by the word “criminal offenses” in Section 3 (1) and the words “an intentional crime or Offense "replaced by the words" an intentional criminal offense ".

The title of the law was redrafted without an abbreviation by Art. 2 No. 1 of the law of September 11, 1998. The abbreviation is therefore no longer official in the strict sense.

Article 12 of the law of December 21, 2007 replaced sections 96, 97 and 110 in section 7 (2) sentence 2 with the words “sections 96, 97 and 110 subsections 1 and 2” (of the Code of Criminal Procedure ) .

literature

  • Johannes Heinen / Alexander Bajumi: legal bases military police service . 11th edition. Walhalla, Regensburg / Berlin 2018, ISBN 978-3-8029-6534-0 , p. 432 (with explanations of UZwGBw - Basics of deployment in Germany and abroad).

Remarks

  1. a b see section changes