Shipment Act
| Basic data | |
|---|---|
| Title: | Law on the supervision of criminal and other transfer bans |
| Short title: | Shipment Prohibition Act Shipment Act (not official) |
| Abbreviation: | VerbrVerbG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Police and regulatory law |
| References : | 12-2 |
| Issued on: | May 24, 1961 ( BGBl. I p. 607 ) |
| Entry into force on: | September 1, 1961 |
| Last change by: |
Art. 9 G of July 8, 2016 ( BGBl. 2016 I p. 1594 ) |
| Effective date of the last change: |
15th July 2016 |
| Weblink: | Text of the VerbrVerbG |
| Please note the note on the applicable legal version. | |
The law for the supervision of criminal and other transfer bans ( VerbrVerbG ) regulates the import of objects "in violation of a criminal law that prohibits their import or distribution for reasons of state security" as well as films, "which, according to their content, are suitable as propaganda against the free democratic basic order or to work against the idea of international understanding. ” During the Cold War it served to prevent the importation of Eastern propaganda into the Federal Republic of Germany. Today the law is of little importance.
structure
The law has the following structure, whereby the paragraphs have no official headline:
- Input formula
- § 1 purpose
- § 2 Powers of Customs
- § 3 Duties of Deutsche Post
- § 4 Restriction of Fundamental Rights
- § 5 Films
- § 6 regulations on fines
- § 7-10 (repealed)
- § 11 Berlin clause
- § 12 entry into force
content
The law obliges the import control authorities ( Federal Customs Administration ) to ensure that objects that are prohibited for reasons of state security (e.g. propaganda material) are not brought into the country and distributed. The main customs offices and their officials will carry out an inspection if there are actual indications that progapanda material is to be imported. Travel reading is permitted. If the suspicion is not dispelled by the investigation, the objects must be submitted to the public prosecutor's office ( Section 2 (1) VerbrVerbG).
The officials of the main customs offices are entitled to open and search means of transport, luggage, other containers and shipments of all kinds for the purpose of inspection . You are authorized to seize the items if the items are in the custody of a person who is not prepared to voluntarily surrender them. In the event of seizure, Section 98 (2) of the Code of Criminal Procedure shall apply accordingly ( Section 2 (2) VerbrVerbG). If the suspicion is not dispelled by the investigation, the objects must be submitted to the public prosecutor's office ( Section 2 (1) VerbrVerbG).
The German Post AG put the transported in Germany shows, in their operational treatment is actual evidence of a suspected propaganda revealed the competent customs office before ( § 3 VerbrVerbG).
It is forbidden films that are suitable for their content to as a propaganda medium against the free democratic basic order or the concept of international understanding to work to spend to Germany, as far as this serves the purpose of dissemination ( § 5 VerbrVerbG).
Restriction of fundamental rights
According to the citation requirement , § 4 VerbrVerbG stipulates that §§ 2 and 3 VerbrVerbG restrict the secrecy of letters and mail ( Article 10 of the Basic Law ).
Legislative changes
With the last change on July 8, 2016, the threat of a fine was changed from 50,000 DM to 30,000 euros.
use cases
The law formed the basis for the work of the Interministerial Committee on East-West Film Issues . When the pacifist Helmut Soeder from Freiburg wanted to show the film The Laughing Man a second time to friends in Emmendingen on September 11, 1966, the criminal police were present and pointed out to Soeder that he was obliged under the Transport Act to show films from socialist countries to Frankfurt To be submitted to the Federal Office of Commerce and the Interministerial Committee for East-West Film Issues for review. He sued the Federal Constitutional Court against the law for violating the ban on censorship . The court dismissed the complaint.
literature
- Josef Foschepoth : Monitored Germany. Post and telephone surveillance in the old Federal Republic . 4th, through Edition. Vandenhoeck & Ruprecht , Göttingen 2013, ISBN 978-3-525-30041-1 ( google.de ).
Web links
- Federal Constitutional Court, decisions volume 33, number 52 - censorship (1 BvL 13/67, April 25, 1972)
- Ordinance for the implementation of the law on the supervision of criminal and other transport bans ( BGBl. 1961 I p. 1873 )
- Repeal of the implementation ordinance in Article 3 of the second legal restructuring law ( Federal Law Gazette 1986 I p. 2441 )
Individual evidence
- ↑ Willi Winkler: Recipe for a clean skull. Süddeutsche Zeitung , October 30, 2011, accessed on November 11, 2011 .
- ^ Authorities / GDR film: Laughing man
- ↑ Stefan Buchloh Pervers, endangering young people, subversive. Censorship in the Adenauer era as a mirror of the social climate . Frankfurt 2002, pp. 242-243
