Non-disruptor

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The non interferer is in contrast to the interferer (behavioral or state disturbers) a term used in Theory of Public Law, in particular the police and order law (also common emergency law called). In the relevant norms, the non-disruptor is called “ not responsible person ”, the name “non-disruptor” is an invention of legal dogmatics .

The non-disruptor is characterized by the fact that it does not represent or cause any danger to public safety , in contrast to the behavioral disturbance (direct) or the disruptive state (indirect) .

The non-disruptor is the typical citizen who has nothing to do with a certain situation, but is obliged by the security authorities ( police , city ​​police or public order office ) to use their own goods and / or their own labor to end the situation. One example is the owner of a lake whose waters are used as a source of water for fire fighting work.

Legal standardization

The German police laws as well as the Customs Investigation Service Act (§ 26 Abs. 2 ZFdG) know the nondurfer. Due to its nationwide validity, the description of the non-disruptor from the Federal Police Act (BPolG) is used here as an example. There may be deviations in the individual state police laws.

Extract from the law on the federal police:

§ 20 - Use of Non-Responsible Persons
(1) The Federal Police can take measures against persons other than those responsible under Section 17 or Section 18 if
  1. a current significant danger is to be averted,
  2. Measures against those responsible according to § 17 or § 18 are not possible or not possible in time or do not promise success,
  3. the Federal Police cannot avert the danger, or cannot avert it in good time, either by themselves or through a representative, and
  4. claims can be made against persons without significant personal risk and without breaching higher-value obligations.
The measures may only be maintained as long as the danger cannot be averted in any other way.
(2) The Federal Police can also take measures against persons other than those responsible under Section 17 or Section 18, insofar as this results from the following provisions of this section.

These requirements must be met cumulatively, i. This means that all of the prerequisites specified in Section 20 (1) BPolG must be met in order to be able to make use of a non-interfering party.

However, there are still administrative regulations that regulate this.

Individual evidence

  1. ↑ § 20 BPolG
  2. ↑ Note: In § 17 BPolG the behavioral disturbance is described, in § 18 BPolG the condition disturbance.