Police (Austria)

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The logo of the federal police guard

The police in Austria consists of the security authorities ( Federal Minister of the Interior , regional police departments and district authorities ) and the guards assigned or assigned to them . The most important and largest security body is the Federal Police , which carries out normal police tasks throughout Austria . It has around 1,000 police stations and around 23,000 employees and reports to the Federal Minister of the Interior. It was formed on July 1, 2005 by amalgamating the federal security guard corps and the police corps (colloquially known as the police ) and the federal gendarmerie.

Definitions

Police term

In common parlance, the term police (coll .: "Kieberei") in Austria means the authorities and organs of the security administration. In legal doctrine and the law, however, the police mean something else, namely “the sovereign administrative activities which, under threat or application of coercion, aim to prevent or avert dangers or disturbances” . These provisions of the term police do not designate authorities or organs, but an activity.

Administrative police

The definition of the police can be defined by listing the administrative area (matter) in which the danger or disturbance of order occurs, e.g. B. Food police, building police, financial police, etc. If there is therefore a danger or disruption of order in a certain administrative matter, one speaks of administrative police .

Security police

In § 3 of the Security Police Act it is stipulated that the security police consist of “maintaining public peace, order and security, with the exception of the local security police, and the first general duty to provide assistance” . This means that security police can be understood as the defense against those dangers or disruptions to order that cannot be assigned to a specific administrative matter, i.e. general dangers.

Local security police

The Federal Constitutional Law defines the local security police as that part of the security police which is in the "exclusive or predominant interest of the community embodied in the community and which is suitable to be taken care of by the community within its local borders, such as the maintenance of public decency and the defense against unduly disturbing noise. ” The local security police are responsible for the municipalities in their own sphere of activity.

history

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Historical inscription Kay (serlich) -König (liches) Stadt Polizey Amt , old town hall in Bozen , after 1815

In the Austrian hereditary lands, attempts were made as early as 1499 by Maximilian I with the “Penal Code for the Land of Tyrol ” and in 1514 with the “Court Regulations for the Duchy of Austria under the Enns ” to bring about a standardization of the legal system that was then uneven. However, this had the disadvantage that, due to a lack of organs trained in security, the usual torture at the time was used as a means of "establishing the truth". To support the patrimonial courts created at that time, “land professionals” were appointed in Austrian countries, which consisted of halberd leaders, riflemen and stick servants. These formed the judicial police, with the task of investigating criminals and executing sentences on behalf of the courts.

It was not until 1531 that a “day and night watch” was ordered in Vienna , which was given the task of maintaining “order on the city walls”. In 1543 this watch was divided into a day and a night watch. In 1569 the two guards were brought together under the name "Stadtguardia". This guard was armed partly with muskets and partly with halberds. Since this unit was subordinate to the Court War Council, it was viewed as a military unit. This led to disagreements between the Vienna magistrate and the Lower Austrian government. In 1646 the Lower Austrian government arranged for a "Rumorwache" to be set up, the captain of which was subordinate to the Lower Austrian government. This guard, uniformed and armed but a non-military unit, referred to itself as "soldiers". This drew the Rumorwache to the displeasure of the City Guard, which was actually considered a military unit and therefore felt superior to the Rumorwache.

This coexistence of the police stations led to conflicts because the competencies of the two guards were not clearly regulated and were also subject to different authorities. These conflicts often culminated in mutual arrests and liberations. In 1722 the court war council ordered the dissolution of the city guard, which, however, only actually took place in 1741. Most of these "city guards" were incorporated into free companies of the army.

In 1749, as part of the Theresian reforms, the first state police authority ("Police Commission") was set up, in 1751 sovereign security organs ("district commissioners") were hired, in 1773 a police office for Vienna was set up and in 1775 the Vienna guards were rebuilt. In 1776 the legal framework was defined by the so-called “Theresian Police Constitution”.

The revolutionary year of 1848 marked a low point in the Austrian police force. A demonstration in Vienna in March 1848, which took place without the security of the police or military units, developed a momentum of its own with a storming of the country house, street fights with dead and wounded and the robbery of citizens. Neither the Viennese civilian military, which had been deployed in the meantime, nor the police units deployed too late were able to end the riots.

Since the military police station, which had become the enemy of the citizens, could no longer guarantee security, new military police units were created. You had come back to what you wanted to prevent in 1741 - "Vielwachterei". The executive activity of these units was of no benefit to public safety in terms of “military execution”. The units were gradually decimated and the mounted division even completely disbanded. The result was a terrifying increase in crime. The Vienna October Uprising of 1848 could only be ended after Field Marshal Prince Windischgrätz and his troops stormed the city of Vienna on October 31, 1848 .

As a result of the unrest and turmoil of the time , the gendarmerie was founded in 1849 by Johann Franz Kempen, Baron von Fichtenstamm . In 1869 the Security Guard Corps was created.

By merging the Federal Gendarmerie, the Federal Security Guard Corps and the Criminal Police Corps on July 1, 2005, a new guard was created: the Austrian Federal Police.

On September 1, 2012, as part of the restructuring of the security authorities, the security directorates, federal police directorates and state police commandos were merged into one state police directorate per federal state.

Women in the police force

The first woman in the police force in Vienna was Franziska Wessely , who took up her job on July 1, 1909 as a kk police assistant for child welfare . She was employed within the framework of the police child welfare system, which was newly created in February of the same year and was a separate department directly under the police headquarters. The establishment of the position of a female police assistant was a success of the feminists of the General Austrian Women's Association , who introduced a corresponding petition in early 1909. Wessely's tasks were, for example, the control of the "maintenance of discipline and morals among the young people in the police prison ". Her clients also included young homeless people, "vagabonds", beggars and young people released from prison. She was the intermediary between the security authorities and private and public welfare institutions, could be called in to interrogations and she was given the supervision of the police youth home, which was opened in 1910 . In the press, the incident about the first woman in the police force was lost, the simultaneous establishment of the first Viennese service dog department aroused more interest. Only a few specialist and feminist magazines took up the topic.

1917 recorded more police welfare workers because of increasing after World War neglect of children and young people and the police child care in a police youth office converted that as well as the newly established department for combating sexually transmitted diseases and girls the Unit police assistance was subordinate. From 1928 onwards, the newly created life-weary office was also part of the area of ​​responsibility of the police officers. During the Nazi era , the police officers were renamed the Female Criminal Police . Their tasks were mainly in official acts with women and children.

After the Second World War, the female criminal police were dissolved and in November 1945 the welfare department was re-established as an institute of police welfare officers for young people and women at risk . The communist resistance fighter and social worker Anna Grün was the head of the welfare department until the State Treaty was signed . In April 1947 the youth police were established as part of the criminal police department of the Vienna Federal Police Directorate. From 1951 onwards, 28 former police officers were members of the criminal service after completing the detective course as female detective officers; in 1971 there were 33. They received the same basic salary as their male colleagues, but their area of ​​responsibility was limited to official acts with women and children and the initiation of welfare measures. The first female police officer ( senior female detective ) was Anna Vogel, who was head of the youth police from 1955 .

In 1965 a two-year basic training course for 54 women began as a pilot project for the Vienna Security Guard. In 1967 the graduates were assigned to the guard room Stubenring as female. prov. SWB and, like Franziska Wessely, celebrated as the first women in the police force. With the same basic salary as their male colleagues, they were primarily responsible for monitoring stationary traffic. They were also used on a temporary basis in the transport service. However, many of these police officers dropped out after their marriage, and only a few remained in the police force until they retired.

From 1971, after three months of training, 18 to 25-year-old women were accepted into the cities as female road inspectors to monitor stationary traffic. The first 34 police officers were deployed in six Vienna districts, where their number rose to around 200 in the early 1980s. From December 1990, a year of supplementary training enabled them to join the regular police force. Since 1991 female police officers have been given equal rights and duties to their male colleagues. In 2015, the proportion of women in the police force in Vienna was 17 percent. In 2017 there were 27,255 police officers across Austria, 4,248 of whom were women (15.59 percent).

Legal bases

Security Police Act

The powers, rights and duties of the security authorities are regulated in the Security Police Act. The Federal Act on the Organization of Security Administration and the Exercise of the Security Police was fundamentally amended in July 2005 when it was merged to form the Federal Police.

The SPG represents the legal basis for the security authorities and their organs, i.e. the police. In addition, the SPG regulates the organization and tasks of the security authorities and the federal police guard.

The SPG is divided into 9 parts , these in turn into main parts and further into sections . The 9 parts each deal with:

  • Part 1: Organization of security administration and definitions
  • 2nd part: tasks
  • Part 3: Powers of the authorities and in particular the police
  • 4th part: detection service and investigation service
  • 5th part: prison administration
  • Part 6: Criminal provisions
  • 7th part: special legal protection
  • Part 8: Information requirements
  • Part 9: final provisions

Regulations

Numerous implementing ordinances have now been issued. The most important and most important for the police and authorities are:

  • Detention order - AnhO (based on § 50 SPG)
  • Human Rights Advisory Council Ordinance - MRB-V
  • Guideline Ordinance - RLV (based on § 31 SPG)
  • Security Academy Education Ordinance - SIAK-BV
  • Special Units Ordinance - SEV (based on § 6 SPG)
  • Uniform Protection Ordinance - UPS (based on § 83a SPG)

Gender-specific employment requirements

For women who apply for police service, lower physical performance requirements apply. The minimum height for women in the police force (163 cm, men, 168 cm) was lifted due to concerns about discrimination against women. Men must have completed regular military or civil service ( Section 6b ZDG ), with civil servants having to do at least four weeks of military service.

Guard body

Federal Police

Sleeve badge Federal Police

The Federal Police , which is subordinate to the Federal Minister of the Interior, is responsible for the whole of Austria after the police reform in 2005 and replaces the previous guards of the Federal Gendarmerie, Federal Security Guard and the Corps of Detective Officers . At the state level, state police departments have been set up since 2012, with a corresponding number of district and city police commanders directly subordinate to them. The core tasks of the executive service are carried out by the subordinate police inspections .

The staff of the Federal Police is approx. 23,000 officers, who work in approx. 1,000 offices.

Several Austrian special operations units can be used for special tasks:

Chest badge flight police

The Federal Police also include the flight police , which operates eight bases across Austria and coordinates and carries out flight operations in the service of maintaining public order, peace and security.

Community Guard

Feldkirch City Police

In addition to the federal police, there are another 48 community guards, which are also known as community security guards, local security, community or city police. Although these municipal guards are formally attached to the district administrative authorities as an executive service, in reality they enjoy the same independence from them as the federal police. The municipal police are usually subordinate to the mayor of the respective municipality, who makes personnel decisions and can issue instructions. No municipal guards can be set up in cities in which the state police department acts as the 1st instance security authority. For this reason, the Mobile Surveillance Group in Innsbruck (MÜG for short) , the Graz Ordnungswache , the Ordnungswache in Wels and the Ordnungsdienst in Linz ( Ordnungsdienst der Stadt Linz GmbH ) are not community guards , but special institutions whose precise design and powers differ from the city very different to city.

Ranks

criticism

In recent years, the work of the police institutions has been regularly carried out by human rights organizations such as B. Amnesty International criticized. Allegations made by the organizations include discrimination, ill-treatment and torture. In its recommendations for Austria on May 14, 2010 , the UN Anti-Torture Committee issued a. a. criticized the "lack of an independent body to investigate cases of violence and inhuman treatment by the police" (Recommendation No. 19). The work of the judiciary in proceedings against police officers is also criticized as a "control failure". Only since the Omofuma case has there been a Human Rights Advisory Board (MRB) in the Ministry of the Interior , a body made up of civil servants, lawyers, human rights professors and judges. Although the MRB has no executive powers, it can inspect police files, accompany raids and arrests, and write publicly available reports on abuses. The best known cases mentioned by organizations include the cases of Marcus Omofuma , Bakary J. , Seibane Wague , Binali Ilter, Nicilae J. and Florian Pirker. All of these cases resulted in convictions against police officers.

In November 2015, the UN Committee against Torture criticized the Austrian police.

The Austrian police in cultural life

music

Movie and TV

literature

This article or section needs to be revised. Details should be given on the talk page. Please help to improve it , and then remove this flag.

  • Bundespolizeidirektion Wien (Ed.): Sixty Years of the Vienna Security Guard 1869-1929 . Vienna 1929;
  • Helmut Gebhardt: The Graz Police 1786 - 1750 . Graz 1992;
  • Hermann Oberhummer: The Vienna Police. 200 years of security in Austria . 2 vols. Vienna 1937;
  • Hermann Oberhummer (ed.): Service career of the director and deputy of the Vienna police authority . Vienna 1929;
  • Barbara Zuber: The police annual shows 1928-1938 , Diss.Vienna 1996
  • Helmut Gebhardt: The story of Austria's police and gendarmerie. Security magazine issue 3/2004 ff.
  • Friedrich Jäger: The big book of the police and gendarmerie in Austria. Weishaupt, Graz 1990, ISBN 3-900310-70-X .

Individual evidence

  1. ^ A police assistant for child care. In:  Arbeiter-Zeitung , July 6, 1909, p. 4 (online at ANNO ).Template: ANNO / Maintenance / aze
  2. ^ A police assistant in Vienna. In:  Prager Tagblatt , July 7, 1909, p. 4 (online at ANNO ).Template: ANNO / Maintenance / ptb
  3. ^ Police assistant. In:  Wiener Zeitung , July 6, 1909, p. 3 (online at ANNO ).Template: ANNO / Maintenance / wrz
  4. ^ Elisabeth Malleier : The first Viennese policewomen in the context of "child protection" and "police youth welfare" in the early 20th century . In: Association for History of the City of Vienna (ed.): Wiener Geschichtsblätter . No. 1/2016 , p. 43-52 .
  5. ^ Elisabeth Malleier : The first Viennese policewomen in the context of "child protection" and "police youth welfare" in the early 20th century . In: Association for History of the City of Vienna (ed.): Wiener Geschichtsblätter . No. 1/2016 , p. 52-55 .
  6. ↑ a b c d Werner Sabitzer: Women in the police service . In: Federal Ministry of the Interior (Ed.): Public Security. The interior ministry's magazine . tape 11/12 2011 . Vienna 2011 ( bmi.gv.at [PDF; 216 kB ; accessed on October 13, 2019]).
  7. ^ Elisabeth Malleier : The first Viennese policewomen in the context of "child protection" and "police youth welfare" in the early 20th century . In: Association for History of the City of Vienna (ed.): Wiener Geschichtsblätter . No. 1/2016 , p. 60-61 .
  8. ↑ Women in the police force for 50 years. In: wien.orf.at. 2015, accessed March 8, 2020 .
  9. ↑ Johanna Kreid: Police Vice President: " Advise women to have courage". In: Courier. April 2, 2016, accessed March 8, 2020 .
  10. ↑ Sequence of the selection process. Federal Ministry of the Interior , accessed on June 6, 2019 .
  11. ^ Annex 1/11 Civil Service Law Act 1979
  12. ↑ Parliamentary question 8199 / J XXIV. GP on "Discrimination against women in the police service admission procedure". (PDF, 36kB) Parliament , March 31, 2011, accessed December 20, 2011 .
  13. ↑ Answer to query 8035 / AB XXIV. GP on "Discrimination against women in the police service admission procedure". (PDF, 38kB) Parliament , May 27, 2011, accessed December 20, 2011 .
  14. ↑ Your type is in demand! (PDF, 79KB) (No longer available online.) Federal Ministry of the Interior , August 9, 2010, p. 11 , formerly in the original ; Retrieved February 7, 2013 .  ( Page no longer available , search in web archives )@1@ 2Template: Toter Link / www.polizei.gv.at
  15. ↑ Already 76 former civil servants in "weapons professions". Die Presse , March 6, 2012, accessed March 6, 2012 .
  16. ↑ Examination of the mobile monitoring group (MÜG) of the city of Innsbruck. In: Municipal Control Committee of the City of Innsbruck. Retrieved November 24, 2012 .
  17. ↑ New security guard in Wels. In: ORF. Retrieved December 4, 2010 .
  18. ^ City guard: Linz law enforcement officers sworn in. In: Upper Austrian news. Retrieved December 4, 2010 .
  19. ↑ Racist Discrimination in the Austrian Police and Justice System ( Memento of the original from March 17, 2011 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. AI press release April 9, 2009 @1@ 2Template: Webachiv / IABot / www.amnesty.at
  20. ↑ AI Annual Report 2009 ( Memento of the original from March 17, 2011 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. @1@ 2Template: Webachiv / IABot / www.amnesty.at
  21. ↑ Austria on the list of 102 torture states worldwide derStandard.at Article 26 May 2007
  22. ↑ UN Anti -Torture Committee issues recommendations for Austria  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. May 14, 2010@1@ 2Template: Toter Link / www.humanrights4you.at  
  23. ↑ Structural failure of the public prosecutor's office in the Krems case ( memento of the original from March 17, 2011 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. AI press release March 12, 2010 @1@ 2Template: Webachiv / IABot / www.amnesty.at
  24. ↑ Der tödliche Wiener Sumpf ( Memento of the original from March 17, 2011 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. AI-Journal article March 15, 2009 @1@ 2Template: Webachiv / IABot / www.amnesty.at
  25. ↑ UN Committee Against Torture criticizes Austrian police orf.at; Consideration of State Reports ohchr.org, accessed December 11, 2015
  26. ↑ - ( Memento of the original from September 27, 2007 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. @1@ 2Template: Webachiv / IABot / www.wolfgangambros.at

See also

Web links

Commons : Austrian Police  - Collection of pictures, videos and audio files