Immediate coercion (UZ) is a legal term that encompasses the sovereign action on people or property by means of physical violence , physical violence aids or weapons by competent and authorized public officials and is an essential component and expression of state authority .
In principle, the principle of proportionality applies. This means that the police are generally only allowed to use force as an exception and only if they cannot enforce a police measure in any other way. Neck and vertebrae are taboo. Police officers learn that in operational training. The risk of vertebral injuries is too great. There is also a rapid risk of suffocation. The so-called prone restraint is prohibited in this country by ministerial orders. The fact that an officer kneels on the back of someone who is tied up creates the problem that the lungs are compressed. Even "standing after" is not allowed and is punishable as bodily harm in office .
Physical violence is any direct physical influence of a public official on people or things.
Weapons are officially approved batons (incorrectly referred to in many laws as a cutting weapon ) and firearms , irritants and explosives . Hand grenades are legally possible as a weapon in the Federal Police , in Hesse and in Bavaria.
- Officially approved firearms are usually at least pistols , rifles and submachine guns , and in some federal states also revolvers and machine guns (Bavaria, Federal Police). Irritants are weapons in some federal states and at the federal government, and aids in other states (Bavaria, Lower Saxony, Berlin).
- Explosives are usually not classified as weapons, but as auxiliary equipment. Explosives are used, for example, to open doors; Hand grenades and other explosive objects, on the other hand, are weapons.
- Electro-pulse weapons or stun guns (so-called tasers ) are currently only used in Bavaria and are classified as weapons there; in Lower Saxony and Berlin, tasers are used on a test basis and are also classified as weapons. In Hamburg, Tasers are classified as weapons.
The reason for the application of direct coercion can be criminal ( repressive ) or danger-averting ( preventive ) - in each case sovereign - action. Immediate coercion is usually a measure to enforce an informal measure, hence a follow-up measure. Immediate coercion represents an interference with the fundamental rights of physical integrity and, if necessary, with the freedom of the person or the right to property .
Immediate coercion must be threatened in advance, legally effective, if the circumstances permit. This can be done by speaking or making clear gestures (in the case of communication difficulties) or by firing a warning shot (the latter only when firearms are used ).
Direct coercion by federal officials is regulated in the law on direct coercion in the exercise of public authority by federal law enforcement officers. The application of the direct coercion outside the territory or the competences of the federal government is based on the provisions of the law on direct coercion of the federal state in which the direct coercion is to be applied. The authorization to intervene for the application of direct coercion does not result from the respective coercive law, but from the legal succession of the German Reich, in particular the StPO or the law to avert danger (police laws) in conjunction with the administrative enforcement law .
Officials authorized to exercise this position (enforcement officers) in Germany
Federal law enforcement officers
- Police officers in the Federal Police
- Officials in the federal criminal police enforcement service
- Inspector of the riot police of the federal states
- Police officers at the German Bundestag
- Officials of the Federal Customs Administration
- Officials of the customs border service ( border inspection service with water customs and border clearance service )
- Officials of the customs investigation service
- Mobile Control Group officials
- Officials and employees of the financial control of illegal employment
- Special task forces such as ZUZ , OEZ , UGZ
- all other officials of the federal tax authorities who are entrusted with enforcement tasks
- Officials of the Federal Waterways and Shipping Administration, provided they exercise river and shipping police powers ( Federal Waterways Act , Maritime Tasks Act , Sea Responsibilities Ordinance , Inland Shipping Tasks Act )
- Track supervisors
- Officials of the lock inspection and operations service
- Port inspectors in the federally owned ports
- Staff who manage lock operations
- Employees who were specially entrusted with river and shipping police tasks
- Law enforcement officials
- Employees who are entrusted with the prosecution of administrative offenses either by office or by commission
- Commissioner of the Federal Office for Goods Transport for monitoring tasks
- Officials of the federal courts and the authorities of the federal administration of justice in the enforcement and security service
- Persons entrusted with the aforementioned tasks by the competent federal authorities
- Those of a federal below and perform the activities of law enforcement or the misdemeanor prosecution and law enforcement services are
Members of the armed forces
- Soldiers of the Bundeswehr as long as they perform military guard and security tasks
- Soldiers of allied armed forces who were called in on a case-by-case basis for military guard and security tasks
- civil security guards as long as they perform guard duties and have been commissioned to do so by the Federal Ministry of Defense or an authorized agency of the Bundeswehr
Federal and state employees
Legal basis: Prison Act
- Servants in prisons
Legal basis: Police Act
- Officials of the police enforcement service (police enforcement officers and members of the voluntary police service) as well as community enforcement officers in their area of responsibility (§ 80 PolG)
Legal basis: Act on the Accommodation of Mentally Ill People (Accommodation Act)
- Employees in recognized psychiatric institutions
Legal basis: State Administrative Enforcement Act
- Officials appointed as law enforcement officers
Legal basis: Code of the penal system in Baden-Württemberg
- Prison staff
- Employees of juvenile detention centers
Legal basis: Law on the Powers of the Judicial Sergeant Service
- Justice sergeant (only irritants and baton can be approved as weapons, only aids and weapons approved by the Ministry of Justice are permitted)
Legal basis: Law on the tasks and powers of the Bavarian State Police (PAG)
- The employees of the state police of the Free State of Bavaria (Art. 1 PAG) active in the enforcement service ; what is meant are law enforcement officers .
Legal basis: Forest Act for Bavaria (BayWaldG)
- Certain officials of the forest authorities and other persons who work in forest supervision or forest protection (Art. 29 and 35 BayWaldG)
Legal basis: Bavarian Fire Brigade Act (Art. 24 BayFwG)
- Management ranks of the fire brigade or team ranks commissioned by them in individual cases; if the police are not available or not sufficiently available
Legal basis: Law on the use of direct coercion when exercising official authority by law enforcement officers of the State of Berlin (UZwG Bln)
- Law enforcement officer
- Correctional officers and other staff in the correctional service
- Judicial officer
- Investigators from the public prosecutor's office (only if the relevant federal law does not apply)
- Staff of authorities with powers of the Senate police authorities has equipped
- Employees who are entrusted with the application of administrative compulsion, in particular those of the district regulatory authorities
Legal basis: Bremen Police Act (BremPolG)
- Law enforcement service
- Administrative officers, auxiliary police officers and other persons entrusted with police powers if they are specifically authorized to do so
Legal basis: Law for the Protection of Public Safety and Order (SOG; published in HmbGVBl. 1966, p. 77)
- Law enforcement officer
- Justice Administration Officials (only batons as weapons)
Law on the execution of custodial sentences, juvenile prisoners and preventive detention (Hamburg Prison Act, HmbStVollzG; HmbGVBl. 2007, p. 471)
- Servants in the prison system
Legal basis: Hessian law on public safety and order (HSOG)
- Members of the police authorities (§ 52 HSOG)
- Prison officers who are not police officers, but who are permitted by law to use direct coercion (Section 52 in conjunction with Section 63 HSOG):
- Employees at fisheries and forest authorities who are active in forest or hunting protection or in fisheries control
- Staff who perform special tasks and who are granted the rights of law enforcement officers ( firearms only if authorized by the relevant ministry)
- Auxiliary police officers (law enforcement officers)
- Employees in institutions in which a measure of reform and security is carried out, against persons who are either accommodated in the institution or against persons who want to free a person who is accommodated or who are illegally staying in such an institution (only physical violence and aids)
- Employees in a public psychiatric hospital or in a rehab facility against persons who are temporarily placed under the provisions of the Code of Criminal Procedure or against persons who want to free such a person (physical violence and aids only)
- Employees of institutions in which persons are accommodated according to the law on the deprivation of liberty of the mentally ill, mentally weak, drug or alcohol addicts (only physical violence and aids)
- other persons to whom direct coercion is permitted (Section 52 HSOG)
Legal basis: Law on public safety and order in Mecklenburg-Western Pomerania
- Police officers (Section 103 (2) No. 1 SOG MV)
- other civil servants and other servants who are authorized by ordinance of the state government to exercise direct coercion (Section 103 Paragraph 2 No. 2 SOG MV in conjunction with Section 1 of the State Ordinance on the determination of law enforcement officers)
According to § 107 SOG MV, only the following are authorized to use firearms:
- Law enforcement officers,
- Officials and other employees of the state forest administration who are used in forest and hunting protection as well as confirmed game overseers (§ 25 State Hunting Act), provided they are professional hunters or forestry trained,
- Officials and other employees of the courts and authorities of the judicial administration who are entrusted with security and enforcement tasks, but not bailiffs.
- persons with police powers
- Enforcement officers appointed by the administrative authorities for hazard prevention in accordance with the Lower Saxony Ordinance on Administrative Enforcement Officials (VollzBeaVO) , e.g. B. Employees of the public order offices appointed as enforcement officers, appointed fire fighters
- Enforcement officers in accordance with Section 10 of the Lower Saxony Administrative Enforcement Act (NVwVG) Special features:
- Submachine guns may only be used by police officers.
- Weapons other than submachine guns may only be used by police officers, auxiliary police officers, forest officers and certified game rangers.
- Explosives may only be used by specially authorized persons.
Legal basis: Police Act North Rhine-Westphalia (PolG NRW)
- Police officers of the state of North Rhine-Westphalia
Legal basis: Administrative Enforcement Act
- Law enforcement officers are u. a. Enforcement officers , service personnel of the police authorities , fire fighters, with enforcement, enforcement and safeguards authorized persons of the courts and prosecutors' offices and prisons, investigative personnel of the prosecutor's office , fishing and hunting warden in charge of the Forest Protection enforcement service personnel, service personnel of the civil protection authorities
- Judicial officer
- Correctional officers
Legal basis: Section 65 (4) of the State Administrative Enforcement Act and Section 57 (3) of the Police and Regulatory Authorities Act (RPf POG) in conjunction with Section 205 of the State Officials Act
- Officials of the protection police, the criminal police, the water police and the riot police
- Municipal law enforcement officers and auxiliary police officers (Section 94 and Section 95 POG)
Legal basis: Section 65 (4) of the State Administrative Enforcement Act and Section 25 of the LBKG (State Law on Fire Protection, General Aid and Disaster Protection)
- The head of operations
- Senior emergency physicians, organizational leaders in the rescue service, fire brigade members and helpers from other aid organizations if the head of operations cannot initiate the necessary measures himself.
Legal basis: Saarland Police Act (SPolG)
- Police officers (this means officers from the police administration authorities and the law enforcement police)
Legal basis: Saxon Police Act (SächsPVDG)
- Saxon Police Enforcement Service Act
Legal basis: Law on Public Safety and Order of the State of Saxony-Anhalt
- Police officers,
- Administrative enforcement officers as well
- other persons to whom the application is permitted by a law or on the basis of a law (Section 58 (8) sentence 1 SOG LSA)
Legal basis: General Administrative Law for the State of Schleswig-Holstein (LVwG)
- Law enforcement officers
- Law enforcement officer
- Persons who are specially authorized to do so by the person responsible for a task
- Enforcement officers generally authorized by ordinance
Firearms are only allowed to be used by specially authorized officers. Are authorized (§ 256 LVwG)
- Law enforcement officer
- Officials and other employees of the courts and authorities of the administration of justice who are entrusted with security and enforcement tasks, but not bailiffs
- Railway Police Officer
- Employees in hunting and forest protection, provided they have taken an oath of service or are sworn or officially confirmed.
Legal basis: §§ 51 ff Thür. Police Task Act
- Law enforcement officer
- Enforcement officers according to § 8 Thür. Regulatory Authority Act i. V. m. the Thuringian Enforcement Service Ordinance
You can be granted compulsory powers according to Sections 50 to 53 of the Thuringian Administrative Delivery and Enforcement Act - excluding the use of weapons.
The police force is one of the most important parts of state authority . In the modern police , the state power materialized because the state power alone the right close physical violence against its subjects has.
Since the Basic Law came into force, effective legal protection has to be granted against any form of state action (cf. Art. 19 IV GG). The Prussian Higher Administrative Court still assumed that the exercise of direct coercion was an implied toleration order (i.e. an administrative act ) against the citizen. Immediate coercion could therefore be attacked with the legal remedies that are permitted against administrative acts. For this construction, which was based on the fact that the Prussian administrative procedural law only granted legal protection against dispositions, according to the prevailing opinion today there is no longer any need. According to this, the general declaratory action is the correct type of action for actions that are only directed against enforcement .
- Arrest technology
- Use of weapons by the police in Germany
- Behavior (police)
- Daschner trial
- Anyone arrest (exercise by ordinary citizens)
- Definition of immediate compulsion
- On all of the above: Markus Thiel and Tobias Singelnstein in a joint interview with Ronen Steinke in the SZ on August 19, 2020
- § 14 UZwG - Explosives: "The provisions of §§ 9 to 13 apply accordingly to the use of explosives."
- § 55 HSOG (since 1951, see The history of the Hessian police )
- Art. 69 para. 1 PAG
- SOG MV
- VollzbLVO MV
- SOG LSA ( Memento of the original from July 29, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- So Ralph Jessen, Police in the Industrial District: Modernization and Rule Practice in the Westphalian Ruhr Area 1848–1914 (= Critical Studies in History . Volume 91). Vandenhoeck & Ruprecht, Göttingen 1991, p. 23 .
- Meyer: Substitute performance and direct compulsion in administrative law - legal nature and procedural consequences of classification . In: Bonner Rechtsjournal . 2016, p. 47-50 .
- Deusch / Burr: § 18 Rn. 13 . In: Bader / Ronellenfitsch (Ed.): Commentary on the Administrative Procedure Act . 36th edition. 2017.