Suspension (police law)
A suspension (Latin: sistere : stand, stand, old German: bring to a standstill, arrest) is a restriction of freedom of a person by the police for the purpose of determining personal details ( identification ).
In Germany, with a suspension, the police have the option of taking a person whose identity is to be determined in accordance with the applicable intervention authorizations to the office (police station) in order to determine their personal details.
Germany
The authority of the police to restrict freedom, i.e. to detain and remove a person, for identity control is applicable law in Germany. In general, personal checks can - but do not have to - be carried out on site. Taking it to an office (suspension) does not require a judicial order as long as it takes about three hours ( restriction of freedom ).
The prerequisite for a suspension is that the identity “cannot be established in any other way or only with considerable difficulty” and therefore suspension is the most appropriate measure. The legal bases include:
- Section 163b StPO for repressive purposes (criminal / regulatory offense proceedings), u. U. also witnesses or
- Powers to avert danger from police law
- Police law depending on the enforcement authority
- State police: relevant standard at the scene of the incident
- Federal Police: Section 23 Federal Police Act for the prevention or protection of private rights
(note the double-function measure )
Whether the suspension is a restriction of liberty or a deprivation of liberty usually depends on the duration, so with a total duration of one hour one can speak of a restriction. In most cases, the suspension represents a measure that deprives them of their liberty, for which the legal guarantees in Article 104 of the Basic Law apply.
See also
Individual evidence
- ↑ Der Volks-Brockhaus , Verlag FA Brockhaus, Leipzig 1943, p. 648
