Pretrial detention order
| Basic data | ||
|---|---|---|
| Short title: | Pretrial detention order | |
| Full title: | Rules governing the execution of pre-trial detention | |
| Type: | Administrative regulation federal / state |
|
| Legal matter: | Criminal law | |
| Scope: | Federal Republic of Germany | |
| Abbreviation : | UVollzO | |
| Date: | February 12, 1953 | |
| New version from: | December 15, 1976 (valid from: January 1, 1977) |
|
| Current version: | Federal: January 1, 1997 | |
The remand Regulations ( UVollzO ) was a general administrative regulation that in Germany rules on the implementation of detention met (in short "custody"). The UVollzO was issued on February 12, 1953 and revised on December 15, 1976. It has been replaced by state laws on pre-trial detention that the states enacted between 2008 and 2012.
Lack of legal character
The UVollzO was not a federal law , but only essentially identical administrative regulations of the federal states, which were supposed to provide the framework for the execution of pre-trial detention. For reasons of the rule of law ( legal reservation ) , however, the rights of prisoners on remand cannot be interfered with on the basis of a mere administrative regulation. The legal basis for the powers to intervene was therefore the basic statutory regulation in Section 119 of the Code of Criminal Procedure . This was supplemented for young people and adolescents by § 93 and § 110 JGG . In addition, §§ 94 - 101 StVollzG on direct coercion also applied to prisoners on remand in accordance with Section 178 of the Prison Act (StVollzG).
The judge ordered all measures and restrictions that are necessary for the execution of pre- trial detention in accordance with Section 119 (6) StPO. A number of typically recurring measures were detailed in the UVollzO, although only those interventions could be provided that are within the scope of the powers provided for in Section 119 StPO in the form of general clauses . In practice, measures were often ordered by the judge ordering that the UVollzO should proceed in general or in a specific point. However, as a mere administrative regulation, the UVollzO was not binding for the judge, but only contained suggestions for the judge on how to proceed in certain normal cases. However, he could also issue orders that deviated from the administrative regulations.
In particular, the judge decides on the type of accommodation, intercourse with the outside world, special security measures and disciplinary measures. At the request of the individual prisoner, the judge can also assign certain measures to the responsible public prosecutor , for example letter censorship. The head of the institution is responsible for the execution of pre-trial detention and the order in the institution. He acted according to the UVollzO and carried out the orders of the judge and the public prosecutor.
The most important principle of the UVollzO was:
No. 1, paragraph 1: The purpose of pre-trial detention is to ensure that the accused is kept in safe custody, to ensure that an orderly criminal procedure is carried out or to counter the risk of further criminal offenses.
Legalization of pretrial detention
The few legal norms for the execution of pre-trial detention (§ 119 StPO, 177 StVollzG) have long been considered inadequate, which is why an appropriate legal regulation is often demanded (for a summary, see Feest / Köhne, in: Commentary on the Prison Act, 5th edition, p. 781). However, various attempts to do this have regularly failed in the past because the federal and state governments could not come to an agreement. The reform of federalism has created a new situation in that the Länder are now solely responsible for regulating pretrial detention. A first state law came into force in Lower Saxony on January 1, 2008. Further state laws came into force in 2009 and 2010. In Baden-Württemberg, the new Prison Act (JVollzGB) of November 10, 2009 has been in effect since January 1, 2010. Pretrial detention laws were passed in all federal states until 2012. The main difference is that pre- trial detention is now also regulated as a law and no longer as an administrative regulation (UVollzO) as before .
Web links
- Law guide Laws and regulations relating to the penal system
Individual evidence
- ↑ Prison Archives , accessed on November 29, 2010
