House arrest

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As house arrest referred to the ban, a house or an apartment to leave.

House arrest in upbringing (room arrest)

House arrest serves as a punishment in raising children . The child is forbidden (except for school attendance or similar) to leave the parental home. House arrest as a punitive measure is usually pronounced for a few days, but not infrequently for longer periods of time such as weeks or months. Long house arrest is now considered one of the most serious punishments without the direct use of force.

Often during this time z. B. TV and computer use are also prohibited.

On November 2, 2000, the “ Law on Prohibiting Violence in Upbringing and Changing Child Maintenance Law” (Federal Law Gazette I, p. 1479) was passed in Germany. The part concerning the outlawing of violence in upbringing came into force on November 8, 2000 and amended Section 1631 (2) of the German Civil Code as follows: “Children have a right to a non-violent upbringing. Corporal punishments, emotional injuries and other degrading measures are not permitted. ”According to this law, house arrest is only permitted in the upbringing insofar as the child's well-being is not endangered. Keeping school-age children away from class is prohibited.

House arrest in public law

General

House arrest can be imposed under public law as a form of deprivation of liberty . Three constellations can be distinguished:

House arrest in the Austrian criminal law of 1852

The old Austrian criminal law from 1852 provided for first and second degree arrest as well as house arrest.

The penal law was passed on May 27, 1852 and came into force on September 1, 1852 and was in force for a total of 123 years until it was repealed on January 1, 1975. House arrest could be pronounced against a mere promise not to leave the house or with the setting up of a guard. The condemned person was forbidden to leave the house in any form under threat of punishment. In the event of a violation, the remaining arrest time was carried out in public places of arrest. The shortest detention period could be between four or twenty hours, the longest up to six months.

House arrest was reintroduced in Austria in 2010.

House arrest in dictatorships

House arrests are imposed for political reasons , especially in states with authoritarian regimes . The state authority forbids an opposition or dissident from leaving his home. Visits are also often prohibited and the telephone or internet connection is interrupted. This is intended to make its political work more difficult or to prevent it. House arrest of this kind is criticized under the rule of law, as it is usually not imposed as a punishment for illegal activity, but arbitrarily without a court order or in show trials for political reasons.

House arrest in constitutional states

House arrest is also discussed as a measure in constitutional states and is already used in some countries such as the United States, France, Italy or the Netherlands. Here, arrest is used as a substitute for detention or as a preventive measure if there is a legal basis and a court order. Model tests are being carried out in Germany in Hessen, Hamburg and Baden-Württemberg. Technically, such an arrest is usually realized with electronic ankle cuffs , which are worn by the detained and record his whereabouts via GPS .

Examples

  • Galileo Galilei was placed under house arrest from 1633 to 1642.
  • Robert Havemann , GDR regime critic, was under house arrest from 1976 to 1979
  • Yasser Arafat was under house arrest in Ramallah during the last years of his life.
  • The house arrest of the Myanmar regime critic Aung San Suu Kyi repeatedly made headlines.
  • Zeng Jinyan , the wife of Chinese civil rights activist and Sakharov Prize winner Hu Jia , who has been under house arrest himself since February 2008 , is currently under house arrest for the second time.
  • Erich Priebke , former Waffen-SS officer and war criminal, was under house arrest in Italy from his conviction in 1998 until his death in 2013.
  • Étienne Tshisekedi , former Prime Minister of the Democratic Republic of the Congo (allegedly under unofficial house arrest)
  • Mordechai Vanunu , Israeli nuclear technician, who in 1985 discovered the existence of Israel's nuclear research program, which had been kept secret until then, and thus the factual nuclear armament of the country; he was sentenced to 18 years in prison in 1986, approximately 11 years of which he was in solitary confinement ; In 2009 he was placed under house arrest.

literature

See also

Web links

Wiktionary: House arrest  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Examples: Austria, § 156b StVG (execution of sentences through electronically monitored house arrest); Italy: Art. 47-ter OP (detenzione domiciliare)
  2. Examples: Austria, § 173a StPO (house arrest); Italy: Art. 284 CPP (arresti domiciliari); Russia: Art. 107 UPK RF (домашний арест); Israel: Sec. 13 , 21 Criminal Procedure Law (Powers of Enforcement - Arrest) , arg. "שפגיעתם בחירותו של החשוד / הנאשם פחותה"; China: Art. 72 CPL (监视 居住)
  3. Example: GDR, § 3 of the ordinance on residence restrictions of August 24, 1961 ( Journal of Laws of II p. 343 )
  4. Federal Law Gazette I No. 64/2010
  5. Gudrun Hochmayr: Electronically monitored house arrest. In: Journal for International Criminal Law Doctrine (ZIS) 11/2012, ( PDF , 121 kB).
  6. ^ Dietmar Hipp: Loose fetters. In: Der Spiegel , 24/1999.
  7. ^ Criminal justice and GDR injustice . Volume 5: Rechtsbeugung, Part 2 (2007), p. 752
  8. ^ Jewish community in Rome: Priebke buried in Germany. In: Frankfurter Allgemeine Zeitung , October 13, 2013.