Directive regulation

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Basic data
Title: Directive regulation
Long title: Ordinance of the Federal Minister of the Interior, with which guidelines for the intervention of the public security service are issued (Guideline Ordinance - RLV)
Abbreviation: RLV
Type: regulation
Scope: Republic of Austria
Reference: Federal Law Gazette No. 266/1993
Date of regulation: April 27, 1993
Effective date: May 1, 1993
Please note the note on the applicable legal version !

The Guideline Ordinance is an ordinance issued by the Interior Minister of the Republic of Austria , with which guidelines for the intervention of the public security service are issued. The legal basis is § 31 of the Security Police Act (SPG).

The RLV was issued in order to keep the organs of the public security service in mind in a compact form those rules that are authoritative for their intervention beyond the legal regulations, but also to provide the citizen with information about what behavior he expects from members of the security executive can. Even if the citizen does not have a legal right to comply with the guidelines in individual cases, he / she has acc. § 89 SPG the possibility to demand the determination of a guideline violation from the state administration court .

Task fulfillment

In § 1 stipulates that the organs of public security (short institutions have to comply) within the security administration those tasks under the Executive Service, in particular through the exercise of administrative and coercion are to be feared. Furthermore, it is determined that these organs have to fulfill their task in the service as far as this can be expected on the basis of their level of training and their professional experience . If special training is required for a certain task (e.g. that of a COBRA officer in the event of a hostage-taking), but such a trained body is not available, other bodies only have to intervene if the expected benefits of immediate action increase the dangers of a Inadequate fulfillment of tasks due to special circumstances predominate.

Commissioned

There is an organ out of service, must it not provided already on basic service regulations the obligation off duty to intervene arises, to perform its tasks only intervene when it detects that this is to avert a present or imminent danger to life , Health, freedom of people or for someone else's property to a large extent and if this is reasonable for him under the circumstances . If intervention is urgently required by exercising the authority of the security authorities, the organ must notify the competent security authority . Under the conditions described, the body is obliged to put itself into service, otherwise it is guilty of a breach of duty. On the other hand, harassing a job can result in criminal liability for abuse of office. It is not a legal requirement that the body wear an appropriate uniform to lawfully intervene. In this case, however, the person concerned must make an explicit declaration of the commissioning. There is no special formula for this, nor is there an obligation to show the ID card without request.

guide

In § 2 it is determined that organs that perform a superior function and perform official acts of their employees directly must ensure that they adhere to the guidelines in the performance of their tasks. If the supervisor realizes that an employee is not doing this, he is obliged to remedy this problem, otherwise he would violate a guideline himself.

Self-protection

Section 3 stipulates that the body is obliged to ensure that risks to itself are avoided that are not necessary or disproportionate to the performance of its tasks. Therefore, it is also not obliged to intervene to protect the legal interests of others if the impending danger is obviously and significantly less serious than the endangerment of one's own physical safety, which would have to be accepted. Although it is part of the official duties of an organ to seek out dangers or to remain in the danger area under certain conditions, an additional weighing criterion is required, especially in relation to threats to the legal interests of freedom and property of people, in order to do justice to the fact that the reduction of the risk of a Must be the determining factor for the action of the organ. In certain situations, this can mean that no action is taken.

Voluntary participation or tolerance

The § 4 stipulates that the institutions to make voluntary participation or acquiescence of a person to an official act that person explicitly aware of, otherwise the voluntary nature must not be used. There are always official acts that are only lawful if those affected voluntarily participate, which also corresponds to the principle of priority of non-intrusive fulfillment of tasks.

Respect for human dignity

§ 5 stipulates that the body must refrain from doing anything in the performance of its tasks that is likely to give the impression of prejudice or discrimination on the basis of gender , race or skin color , national or ethnic origin, religious denomination , political opinion or sexual orientation to be felt. It is assumed that the organs do not have to be specifically ordered to be impartial, as the objectivity requirement arises from their position as public servants. However, care must be taken that the officer is not only impartial, but also avoids the appearance of bias. He has to take actions that objectively indicate his impartiality; whether he was actually impartial inside is not decisive.

Use the formal term of address

The organ has all people for whom this corresponds to the usual approach or who require it to speak to you. An exception can therefore apply to a certain degree of familiarity (friends, acquaintances); With regard to the state function of the body, in which personal moments should largely take a back seat, you should also be addressed in these cases if you wish . Another exception applies to addressing children .

Searching people

It is the responsibility of the organ to ensure that searches of a person, including both clothing and body searches, are only carried out by someone of the same sex or by a doctor. However, this only applies if the necessary postponement of the search would not jeopardize its purpose. Items of clothing that can be removed without violating decency or other legitimate interests may also be searched by people of the opposite sex.

Dealing with those affected

Section 6 regulates the handling of those affected by official acts of the organs of the public security service. It is determined that those affected by command and coercive power are to be informed on request of what rights they are entitled to and what purpose the intervention serves, unless the fulfillment of the task would be jeopardized. In addition, special consideration applies to victims and other persons who are not able to recognize the circumstances of the official act and to behave accordingly (children, disabled people, dementia, etc.). During interrogations and questioning, those affected are to be allowed to sit down. Such surveys are generally to be carried out in the office and interrupted in appropriate periods of time if they are longer. As a matter of principle, women have the right to be interviewed by women insofar as the questionnaire relates to private life. Minors should be questioned by appropriate officials or persons. The interrogation must be documented in writing, which must also contain the names or service numbers of all those present, the times of the interrogations and interruptions as well as the location (usually the service room). If the person concerned agrees, his statement can be recorded instead of in writing or additionally with an image or sound carrier.

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