Violation of the house rules of a legislative body
The violation of the house rules of a legislative body is an administrative offense under German law in accordance with Section 112 of the Administrative Offenses Act (OWiG) .
History and norm competition
The § 112 OWiG is the replacement procedure for the treatment of milder cases of § 106b StGB aF of § 106b of the Criminal Code new version treats only cases where the activity of a legislative body is prevented or disrupted. It is here a so-called spurious mixing fact , since in the presence of the qualifying features of the hindering or perturbing § 106b StGB the § 112 OWiG according to § 21 displaces OWiG. If there is a trespass according to § 123 StGB, this also supersedes § 112 OWiG.
Protected legal interest
The protected legal interest is basically the undisturbed activity of the legislative bodies of the Federation and the Länder. The § 112 OWiG is intended for cases where (as an example here against the the house rules GeschOBT called) of these organs or dealt in arrangements of the legislative body or its president regulated Betretungs- or Verweilrechte or bans.
Target group
The target group of this paragraph for everyone is limited by the § 112 Abs. 3 OWiG to the effect that § 112 Abs. 1 and 2 OWiG does not apply to the persons listed there. The persons listed in Paragraph 3 cannot commit this administrative offense. The agents named in Paragraph 3 are specifically the ministerial officials of the federal and state governments. A specific form of commissioning is not necessary. Paragraph 3, however, only extends to acts in the area of the legislative body. A violation of § 112 OWiG by the persons named there in their free time and without reference to their official tasks does not fall under the exclusion of § 112 para. 3 OWiG.
building
Building in the sense of this regulation is the building which is used by the legislative body and for which the order was issued. The ownership structure of the building is irrelevant and the provision also applies to external meetings in a building other than the usual one. Land must be under the administration of the legislative body (as owner or tenant / lessee).
Subjective fact
The act can only be committed intentionally , with conditional intent being sufficient. The respective order must have been included in the offender's intent.
Administrative authority
The administrative authority responsible for the punishment is according to § 131 Abs. 1 Nr. 1 OWiG in the area of the German Bundestag the director at the German Bundestag and in the area of the Bundesrat its director. The responsibilities for the legislative bodies of the federal states are regulated in the respective federal state regulations.
Fine
The act can be punished with a fine of up to EUR 5,000.00 ( Section 112 (2) OWiG).
Statute of limitations
The limitation period is two years in accordance with Section 31 (2) No. 2 OWiG.
Individual evidence
- ^ Rogall, Karlsruhe Commentary , margin no. 1.
- ↑ Göhler, Law on Administrative Offenses , margin no. 1 to Section 112 OWiG.
- ↑ Göhler, Law on Administrative Offenses , margin no. 2 to Section 112 OWiG.
- ↑ Göhler, Law on Administrative Offenses , margin no. 5 to Section 112 OWiG.
- ↑ Göhler, Law on Administrative Offenses , margin no. 3 to Section 112 OWiG.
- ^ Rogall, Karlsruhe Commentary , margin no. 19th
- ↑ Göhler, Law on Administrative Offenses , margin no. 4 to Section 112 OWiG
- ↑ Göhler, Law on Administrative Offenses , margin no. 7 on Section 112 OWiG.
