Personal custody
A person custody is basically any intended and, from the point of view of the person taken into custody, involuntary influence on the freedom of movement of a person by authorized public officials . It does not matter for what purpose this detention takes place. Regulations for this are determined in the law of intervention or in the law on the execution of sentences . Custody of persons is a form of restriction of freedom and thus represents an interference with the right to freedom of the person ( Art. 2 Basic Law ).
Requirements and implementation
In Germany, a person is taken into sovereign custody if, due to police law, they are used to avert danger or act as a disruptor (see police custody ), as part of a dismissal , due to criminal procedure law ( arrest ) or for execution of a sentence (arrest after prison breakout ) or for arrest for Commencement of sentence is held. After being sentenced to imprisonment or preventive detention, the person is in long-term personal custody : the penal system ( prisoner ).
The person concerned is criminally considered a prisoner or prisoner. Detention is carried out by - mostly armed - law enforcement officers from the police ( police officers , see also police detention ) or the judiciary (public prosecutors or prison officers).
The status of the person taken into custody is relevant , among other things, for the right to intervene and for the criminal offenses of prisoner liberation and prison mutiny . For the examination of the continued existence of a detention, certain judicial reservations must be observed, which concern the duration or the legality . These are different depending on the legal nature (hazard prevention, criminal prosecution, penal execution), there are also exceptions, such as in police custody.
In Germany, the person concerned must be informed about the measure immediately; he or she must be informed if necessary.
As part of the implementation guide in Germany which is feeding on entering the service for office in the obligations of civilian service gem. § 23a civilian law by the countries police possible as well as for military conscripts Feldjäger -Dienstkommando ( § 44 military law ).
It is not possible for the police to be custody for the purpose of carrying out a house search. This measure was abused as a form of protective custody during the times of National Socialism .
Any official custody that serves the purpose of criminal proceedings in a matter will be offset against any later imprisonment for the same matter.
See also
Web links
Individual evidence
- ↑ Regional Court Frankfurt am Main of February 26, 2008, Az. 26 Qs 26/08.
- ^ Higher Regional Court of Frankfurt am Main , Az. 20 W 221/06.
