Enforcement against the innocent
Enforcement against innocent people is a criminal offense under Section 345 of the Criminal Code. This law is intended to protect people from unauthorized enforcement by public officials.
Offense
The offense of enforcement against innocent persons is the enforcement of a custodial sentence , a measure of protection and reform or an official custody (e.g. detention according to the police laws of the federal states), although the prerequisites for an enforcement are not met. Whether the execution of pre-trial detention is also covered by this provision is controversial. The actual deprivation of liberty it must (unlike the false imprisonment ) is not yet come, but the offense includes any action on the arrangement of enforcement over its execution up to the actual detention and, furthermore, monitoring the duration of the execution, as far as this action has led to a not inconsiderable disadvantage for the person concerned. Whether the prerequisites for an enforcement are met is based solely on formal law; a substantive examination of the underlying decision does not take place.
Enforcement against innocent persons is a so-called genuine official offense ; the perpetrator of this act can therefore only be an official who is called to participate in the enforcement of such a sentence, i.e. who is specifically responsible without having to enforce the enforcement (e.g. as a Judge).
The act can be committed intentionally or negligently. In the case of deliberate commission, the sentence is imprisonment from one year to ten years, in less serious cases from three months to five years, so the intentional execution against innocent persons is a crime . In the case of negligent inspection, the penalty is imprisonment for up to one year or a fine.
Paragraph 3 extends the scope of the criminal offense to include those penalties that do not lead to deprivation of liberty (e.g. fines ) or that are not criminal detention; The law expressly lists youth arrest , the enforcement of fines , administrative fines and custody as well as disciplinary measures by the professional courts . In this variant, however, the act can only be committed intentionally; criminal liability for negligence is ruled out. The penalty is imprisonment from three months to five years, so this variant is an offense , the attempt of which is nevertheless punishable under sentence 3.
literature
- Frank Zieschang: § 345 . In: Leipziger Commentary , 12th edition, Volume 13 (§§ 331–358), Verlag Walter de Gruyter, Berlin 2009, ISBN 3110971461 , pp. 307ff