Immersion (residence)

from Wikipedia, the free encyclopedia

The immersion describes a process in which a person goes to an unknown location and eludes one's access. The name for this process comes from colloquial language and has now also been adopted into legal language for the right of residence . Immersion is not a criminal offense in modern legal systems, but refusing to cooperate with government agencies leads to numerous legal consequences.

Avoid State Access

In Germany, on December 31, 2017, a total of 297,820 search alerts for arrest were recorded in the INPOL-Zentral police information system. 126,327 were foreigners who should have left Germany (wanted for arrest with the aim of deportation, expulsion or deportation), whereby it is suspected that some of these people had already left without their departure being registered. According to the BKA, the remaining wanted cases mainly concerned offenders and escaped prisoners or served to enforce sentences or to avert danger.

Sometimes people who evade state access are found by veil searches.

Right of residence

In German immigration law, immersion is understood to mean a situation in which a foreigner cannot be found by the state authorities and also does not want to be found. The background is mostly a lack of right of residence and the enforceability of the obligation to leave, which the person concerned does not comply with. If the immigration authorities want to deport him, but they do not find him at his registered address or if they do not know their whereabouts, the foreigner is considered to have gone into hiding , i.e. cannot be found. The term has so far been rare in written federal law and was officially used for the first time in 2016 in Section 33 (2) sentence 1 no.2 AsylG.

In Austria is in politics and administration of submersion speaking, when an asylum seeker , for example, of being deported escapes. In September 2017, the Austrian media spoke of a total of 11,447 asylum seekers who went into hiding between January 2016 and August 2017, were written out for arrest and had not yet been found. This number includes both asylum seekers who are undetected in Austria and asylum seekers who have left the country unchecked.

In the Swiss asylum statistics, people who went into hiding after receiving an eviction order so that their whereabouts are unknown to the authorities are listed as people with “uncontrolled departures”. Accordingly, the risk of going into hiding is an independent reason for deportation . According to a study by the State Secretariat for Migration from April 2016, around 15,000 asylum seekers in hiding live in Switzerland. They form part of the Sans-Papiers .

Criminal law

Increasingly, in German criminal court decisions of submersion spoken to a person if it is unknown stay and thus wants to evade prosecution. The code of criminal procedure does not yet recognize the term; here the process is described as a person who is fleeting or hiding ( Section 112 (2) No. 1 StPO).

Childhood law

In many cases, a parent's hiding in connection with custody regulations in Germany and Switzerland or custody decisions in Austria is described in court decisions.

If a child or adolescent in Germany escapes the actual influence of the legal guardian, this is exempt from punishment. The deprivation of minors , on the other hand, is very punishable - even if it is through failure to do so , for example through the non- disclosure of the minor's whereabouts by someone who is obliged to provide information and thus guarantee . In the case of a child or if a juvenile runaway is particularly at risk, the police will start the search. Enclosed accommodation is only used in rare cases in which the child's well-being is very endangered and it makes sense for the child's development. See also: Trebegänger .

Escape from non-state violence and for other reasons

In the media there is also talk of going into hiding when people flee to a women's / men's shelter or seek protection from their partner, family or other people as part of a victim protection program. This occurs, for example, in cases of domestic violence or if there is a threat of forced marriage . This form of hiding is not about evading state persecution - the police and other authorities are currently making it possible to go into hiding - but rather about keeping one's whereabouts secret from violent people for self-protection.

In addition, there are a variety of reasons why people want to hide their whereabouts and not be found. These include debts as well as fleeing a sect, a criminal organization or international government services.

history

Historically, the term is important in Germany and its neighboring states both in relation to the hiding of Jewish residents and other persecuted persons during the Nazi era and to the hiding of leading representatives of the Nazi regime from persecution after the Nazi era. During the time of National Socialism and shortly thereafter, however, the term was unknown in the official legal language; the Reichsgericht did not use it in its decisions.

museum

Individual evidence

  1. ↑ Duden - German Universal Dictionary, 8th edition Berlin 2015. Online, accessed on January 11, 2019 .
  2. ↑ Marcel Leubecher: Police are looking for 126,000 foreigners who are obliged to leave the country. In: www.welt.de. July 29, 2018, accessed January 13, 2019 .
  3. ↑ Almost 300,000 people are on the wanted list. In: www.dw.com. July 28, 2018, accessed January 13, 2019 .
  4. ↑ Official justification to § 33 AsylG in BT-Drs. 18/7538 (PDF; 364 kB), p. 17.
  5. ^ Statement by the Federation of German Administrative Judges on the government draft of September 14, 2015 for a law amending the Asylum Procedure Act, the Asylum Seekers Benefits Act and other laws . P. 3: On Art. 1 No. 33 and No. 38 - § 29 Paragraph 2 No. 1 and § 33 Paragraph 2 No. 2 AsylG-E . September 21, 2015. Accessed January 10, 2019
  6. ↑ Aliens law package brings territorial restrictions for refugees and custody. In: Parliamentary Correspondence No. 817. Parliament, Republic of Austria, June 28, 2017, accessed on October 24, 2017 .
  7. ↑ VwSen-400411/4 / Kl / Rd. UVS Upper Austria , July 9, 1996, accessed on October 24, 2017 .
  8. ↑ Julia Schrenk: 4,364 asylum seekers went into hiding this year. In: kurier.at. September 19, 2017. Retrieved October 24, 2017 .
  9. ↑ Lukas Häuptli: Thousands go underground , and the number will continue to increase. In: NZZ am Sonntag. January 31, 2016, accessed December 18, 2017 .
  10. ↑ Danger of going into hiding despite counter-indicators. In NZZ of October 13, 2004
  11. ↑ Asylum seekers: hide and go. In: SRF. August 5, 2016. Retrieved December 18, 2017 .
  12. ↑ BGH, decision of March 30, 2017 - StB 7/17 -, juris marginal no. 13; BGH, decision of February 23, 2017 - StB 4/17 -, juris, no. 5; BGH, decision of January 17, 2017 - VIII ZR 209/16 -, juris, no. 7; BGH, decision of July 2, 2014 - AK 16/14 -, juris, no. 24; BGH, decision of April 3, 2013 - AK 6/13 -, juris, no. 20th
  13. ↑ Susanne Koch: Police: "Escape from home is everyday life". In: Solinger Tageblatt. September 19, 2014, accessed July 7, 2019 .
  14. ↑ When women have to go into hiding. In: Saxon newspaper. June 2, 2017, archived from the original on October 23, 2017 ; accessed on October 22, 2017 .
  15. ↑ Christina Sticht: Break with the old life: When victims have to go into hiding. In: n-tv. June 2, 2017. Retrieved January 14, 2019 .
  16. ↑ Lutz Krauskopf: Going into hiding? About wanting to disappear and be found. In: NZZ Folio from January 1993
  17. ↑ Katja Ridderbusch: Immersion made easy with Frank M. Ahearn. In: Die Welt, May 8, 2009
  18. ↑ Skripals should be able to go underground in America. In: FAZ of April 8, 2018
  19. ↑ Helper "Untergetauchter" (Emmy Zehden) In: Hans-Rainer Sandvoss: "It is asked to monitor the church services ...": Religious communities in Berlin between adaptation, self-assertion and resistance from 1933 to 1945. Lukas Verlag, 2014, p. 464 ff., ISBN 9783867321846