Protection zone (Security Police Act)
The establishment of a protection zone is a security police measure in Austria. Protection zones are prescribed by security authorities in order to be able to protect minors more effectively from the effects of criminal acts in certain places. In contrast to the ban on parking spaces, they do not represent a general entry ban, but enable the public security service to expel certain persons who are expected to commit criminal acts from the protection zone and to prohibit them from entering it.
Legal regulation
The protection zone is regulated by law in Section 36a of the Security Police Act . The paragraph is divided into four paragraphs that determine different aspects of the implementation of a protection zone declaration.
In the first paragraph it is regulated that the security authority can declare a certain place, where mainly minors are threatened by the effects of criminal offenses, to be a protection zone by means of an ordinance . Suitable judicial criminal acts that justify the establishment of a protection zone are defined by the law as those under the Criminal Code , the Prohibition Act and, in particular, the Narcotics Act . It is also specified that the protection zone includes a protected object, such as a school, a kindergarten or a daycare center, as well as an area in the vicinity of this protected object. The exact area, which must not extend more than 150 meters around the protected object, is determined by the security authority by means of an ordinance.
The second paragraph defines in more detail what the ordinance that establishes a protection zone should look like and what it should contain. These are formal requirements that the security authority must observe in any event if the regulation is otherwise null and void . This includes, for example, the exact designation of the protection zone and the duration for which the regulation is to apply, as well as the date on which the regulation comes into force. The second paragraph also contains instructions regarding the repeal of the ordinance, which should take place when there is no longer any risk or at least after six months at the latest. If the threat persists six months after the ordinance has come into force, the authority must issue a new ordinance to maintain the protection zone.
literature
- Rudolf Hinterreiter: Protection zone: The constitutional requirements and problems of the protection zone regulation according to the Security Police Act . University of Innsbruck, dissertation 2009
- Gerhard Pürstl and Manfred Zirnsack: Security Police Act . Manz'sche publishing and university bookstore , Vienna 2011 ISBN 978-3214130985
- Andreas Hauer and Rudolf Keplinger: Security Police Act - Comment . Linde Verlag Wien, Vienna 2005, ISBN 3-7073-0684-4
Individual evidence
- ↑ In Section 36a, Paragraph 1, “Schools, kindergartens and day-care centers” are explicitly but not exhaustively named as suitable objects of protection.
