Detention custody

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As preventive detention , preventive custody or preventive detention in is police law of the German states , the capture of a person referred. Its purpose is to prevent or continue criminal offenses or administrative offenses of considerable importance. Such preventive deprivation of physical freedom is subject to high constitutional requirements in terms of proportionality. The basis of authorization for this can be found in the police laws of the federal states. The prerequisite is always that the impairment of the legal interest cannot be prevented in a milder way. While the police detention must end by the end of the following day at the latest (so already Art. 104 para. 2 and 3 GG ), a judge can order an extension.

The reason given preventive detention in general so that the person concerned will prevented by their capture, an offense of considerable importance or offense to commit or continue. In Bavaria, detention is also permitted to avert a (concrete) danger to an important legal asset. For constitutional reasons, a large number of lawsuits against the Bavarian Police Act have been filed, primarily because of this point. So far, no judgments have been issued in this regard (as of December 2018).

Regulation by federal state

The exact structure, in particular the maximum duration of detention, differs in the individual countries:

state paragraph Maximum duration Purpose of detention
Baden-Württemberg Section 28 PolG 14 days Preventing an imminent, significant disruption to public security or order
Bavaria Art. 17-20 PAG unlimited Defense against a threat to an important legal asset; Prevention of an imminent commission or continuation of an administrative offense of considerable importance for the general public or a criminal offense
Berlin Sections 30, 31, 33 ASOG 4 days Prevention of an imminent commission or continuation of an administrative offense of considerable importance for the general public or a criminal offense
Brandenburg Section 20 (1) BbgPolG 4 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense which, in terms of its type and duration, is suitable for lasting impairment of legal peace
Bremen Section 18 (1) BremPolG unlimited Prevention of the imminent commission or continuation of a criminal offense or an administrative offense of considerable danger
Hamburg § 13c SOG 10 days Prevention of an imminent commission or continuation of an administrative offense of considerable importance for the general public or a criminal offense
Hesse Section 35 HSOG 6 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance for the general public
Mecklenburg-Western Pomerania Section 56 (5) SOG 10 days Averting a current threat to public safety or order; Prevention of an imminent commission or continuation of a criminal offense
Lower Saxony §§ 18, 19, 21 SOG 10 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable danger to the general public
North Rhine-Westphalia Section 38 (1) PolG 1 day Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance for the general public
Rhineland-Palatinate §§ 14, 15, 17 Paragraph 2 POG 7 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance
Saarland Section 16 SPolG 8 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance for the general public
Saxony Section 22 (7) SächsPolG 14 days Preventing an imminent major public safety disruption
Saxony-Anhalt Section 40 (1) SOG 4 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance for the general public
Schleswig-Holstein Section 204 (5) LVwG unlimited Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance for the general public
Thuringia Section 22 PAG 10 days Prevention of an imminent commission or continuation of a criminal offense or an administrative offense of considerable importance

Related topics

  • The preventive detention is the further detention of offenders to imprisonment. The person in preventive detention remains in prison after having served his entire sentence, but is allowed to relax slightly in comparison to prison. The purpose is also to protect against (further) criminal offenses. According to the case law of the European Court of Human Rights, preventive detention is particularly justified if it is used to force a dangerous offender to undergo psychiatric treatment. In the same ruling, the judges affirmed that preventive detention should not be judged as a punishment.

Web links

Individual evidence

  1. ↑ Dieter Kugelmann: Police and Ordinance Law, 2nd edition 2012, p. 140.
  2. ↑ Dieter Kugelmann: Police and Ordinance Law, 2nd edition 2012, p. 140.
  3. ↑ Dieter Kugelmann: Police and Ordinance Law, 2nd edition 2012, p. 141.
  4. ↑ GVBl. - Volume 2017 - Issue 13 · Announcement Platform Bavaria. Retrieved August 1, 2017 .