Security area (Security Police Act)
The establishment of a security area is a measure taken by the Austrian security authorities to prevent violence at major sporting events. The security area set up by ordinance before the respective major sporting event around the venue grants the organs of the public security service (in particular the officers of the Austrian Federal Police ) special powers in this area.
The possibility of setting up a security area, regulated in Section 49a of the Security Police Act , was created in the run-up to the 2008 European Football Championship . The security area is used in practice today in the context of so-called "risk games" in the Bundesliga , such as the Vienna Derby .
Legal regulation
Section 49a SPG is divided into two paragraphs, with the first paragraph listing the formal criteria that are necessary for the adoption of an ordinance and the second paragraph explaining the specific design of the executive bodies' right of removal.
With regard to the lawful creation of an ordinance declaring a safety area, the locally responsible safety authority must assume in the run-up to a major sporting event, based on certain facts, that the implementation of the event could result in a general risk to the health of several people or to large-scale property. The authorities can then declare the venue and an area within a maximum of 500 meters around the venue to be a security area.
The organs of the public security service are authorized within the security area designated by the authority to expel persons who can be assumed to be committing dangerous attacks with the use of force. This right of removal of the executive bodies only ever extends to individuals and is limited in time and place for them. Whoever violates the road is committing in accordance with § 84 para. 1 5 SPG an administrative offense , with fines up to 500 euros or up to two weeks Imprisonment may be penalized.
Impact in criminal law
The regulation of a security area not only has administrative criminal law aspects, but also effects in judicial criminal law . For example, the Austrian Criminal Code , within the framework of the provisions on participation in brawling ( Section 91 StGB) under paragraph 2a, recognizes a qualification in the case of active participation in a brawl or an attack by several people in a security area at major sporting events.
In contrast to the basic offense of brawling, it is not necessary for the qualification according to paragraph 2a that serious bodily injury or death of another occurs in the context of this fight or attack by several . In the event of a brawl in a security area at a major sporting event, physical participation is already a criminal offense, with the range of penalties (up to one year imprisonment or a fine of up to 360 daily rates) corresponding to that of the basic offense in the event of serious bodily harm to another.
Under criminal law, in order to implement Section 91 (2a), the intent of the offender must also refer to the fact that he is within a security area at a major sporting event. If he was not aware of this at the time of the fight, he did not act deliberately in terms of qualification and is not to be punished under Section 91 (2a) of the Criminal Code (but, if necessary, only according to the basic offense).
literature
- Gerhard Pürstl and Manfred Zirnsack: Security Police Act . Manz'sche publishing and university bookstore , Vienna 2011. ISBN 978-3214130985
Individual evidence
- ↑ Cover sheet and explanations (PDF; 28 kB) to Ministerial Draft 68 / ME in XXIII. Legislative period of the National Council.
- ^ Helmut Fuchs and Susanne Reindl-Krauskopf : criminal law. Special Part I . SpringerWienNewYork , Vienna 2009. ISBN 978-3-211-99257-9
