Intercourse with prisoners
Intercourse with prisoners is an administrative offense according to German law , which is standardized in Section 115 of the Administrative Offenses Act (OWiG).
The offense is fulfilled if the perpetrator transmits things or messages to a prisoner without authorization or allows himself to be transmitted or communicates with a prisoner from outside the institution by means of words or signs. A prisoner is anyone who is in official custody as a result of a criminal court decision or as a temporarily arrested person. In practice, this administrative offense comes into consideration in particular against defense lawyers who abuse their right to unhindered communication with the client in accordance with Section 148 of the Code of Criminal Procedure to allow the client to receive documents or other items unrelated to the criminal proceedings, bypassing the postal control of penal institutions.
While a message in the sense of this provision can only be an oral communication of a conceptual content, the term thing refers to the definition in civil law and thus includes every tangible object. Any transfer of a thing or message from outside the institution area is understood as transmission. The handover does not have to take place in the institution, so that the act z. B. can also be committed during an outdoor activity. A message within the meaning of this provision can, by nature of the matter, only get outside the institution area if the addressee or the sender of the message is outside the institution at the time of the offense. Mere conversations, for example between prisoners with one another or with relatives within the framework of the right to visit, cannot in themselves constitute an offense, even if the content of the message should be inadmissible according to the prison regulations.
The protective purpose of the standard is to ensure an orderly process of the penal system and to ensure effective criminal prosecution. The regulatory offense is an abstract endangering offense, so it does not have to have resulted in a specific endangerment of the protective purpose.
The regulatory offense can be punished with a fine of up to 1000 € ( § 17 OWiG). According to paragraph 3, the attempt is also illegal.
Individual evidence
- ↑ BayAGH, judgment of 23 September 2013, AZ II 8/12
- ^ Wolfgang Mitsch: Collection of cases on the law of administrative offenses . Springer-Verlag, Wiesbaden 2011, ISBN 3540339485 , pp. 85f
- ↑ BVerfG, decision of October 13, 2009, AZ 2 BvR 256/09
