Protection of private rights
The protection of private rights is a characteristic of private law and is granted by public and civil law through corresponding norms . It serves the legal protection of natural and legal persons.
The protection of private rights is originally guaranteed by the judiciary (especially local courts ). Can a judgment within the framework of the interim measures are not or not obtains on time and there is a need for urgency, occurs for ensuring the police as part of their Eilzuständigkeit one. It acts to avert danger . This acts here either according to the police law or according to the criminal procedure law ; in the latter case, however, only in cases of recovery aid .
Furthermore, police action is also possible within the framework of administrative assistance , a task assigned to the police by administrative law .
Examples from police law
- The identification and subsequent exchange of personal details, e.g. B. to enforce claims for damages (for claims, there are practically no information obligations for injured private individuals and certainly no stopping rights ).
- The handling of lost and found items (reports of lost property , acceptance and safekeeping of custody items ).
- The expulsion of an aggressor after cases of domestic violence in anticipation of an anticipated temporary injunction with regard to taking the apartment, the ban on contact and maintaining a spatial distance to the victim.
- The property assurance .
Negative example: A customer calls the police because he is dissatisfied with the unfriendly behavior of a salesperson and requests that his / her personnel be released in order to later complain in writing. - The will of the complainant is neither required (lack of legal protection interest) nor legally enforceable (due to lack of legal basis). There are no interests worthy of protection within the meaning of the law. Ultimately, an involuntary identification by the police would be both illegal and disproportionate (encroachment on fundamental rights vs. dissatisfied customer).
