Executive force

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Law enforcement agencies or law enforcement officials are members of the public service , the highness legal powers to exercise including the power to apply direct force ( § 1 UZwG ).

According to the constitutional reservation of function ( Article 33, Paragraph 4 of the Basic Law), these are as a rule civil servants ( enforcement officers , enforcement officers ). However, there can also be employees in the public service , for example in municipal traffic monitoring or in the penal system ( Section 155 (1) sentence 2 StVollzG ).

Correctional officers

Prison officers work as prison officers in the general prison service. They act according to the regulations of the Penal Enforcement Act (StVollzG) and the Penal Enforcement Act (StVollstrO). For the execution of pre- trial detention , they act on the basis of the Code of Criminal Procedure (StPO) and the Pre-trial Detention Act (UVollzO) or the Pretrial Detention Act (UVollzG) of the individual federal states.

Law enforcement officer

Police officers carry out federal , state and z. T. Local law ( community enforcement service ). Furthermore, they are active in administrative or enforcement assistance upon request . These officers act on the basis of the police law of the federal states , as members of the federal police on the basis of the Federal Police Act , of the Federal Criminal Police Office on the basis of the BKA Act or in their capacity as investigators of the public prosecutor's office on the basis of the StPO. These are granted certain express competences in criminal prosecution . The legal basis for the order is § 152 GVG and the statutory ordinances of the federal states based on it.

Enforcement officers of the Federal Customs Administration

Officials of the Federal Customs Administration are deployed in the areas of border control , customs investigation and control services of the customs administration ( mobile control group , financial control of undeclared work ) and act on the basis of customs law ( customs code , customs code implementation regulation, customs administration law and customs regulation, foreign trade law and foreign trade regulation ), tax law ( tax code ), of criminal law and a number of other tax and special laws. Most of them are also investigators for the public prosecutor's office.

Public prosecutors

Public prosecutors are law enforcement officers who are bound by instructions ( Section 146 GVG ) and who use penal procedural coercive measures when initiating and continuing investigative proceedings .

Administrative enforcement officers

In countries like Bavaria or Saxony, the task of averting danger is not only reserved for the police, but is also the responsibility of the security authorities . The tasks are carried out in Saxony by administrative enforcement officers.

See also

Individual evidence

  1. Function reservation Lexicon of the German Association of Officials , accessed on December 26, 2017
  2. ^ VG Aachen, judgment of April 15, 2011 - Az. 7 K 2213/09
  3. cf. For example, Section 107 of the Berlin State Civil Service Act (LBG) of March 19, 2009
  4. VG Berlin, judgment of March 6, 2013 - 26 K 378.12
  5. Investigators of the public prosecutor's office Rechtslexikon.net, accessed on December 27, 2017
  6. Bernd Heinrich, Tobias Reinbacher: procedural coercive measures - overview as of April 1, 2016
  7. cf. Section 3 No. 7 and No. 8 Law on Public Safety and Order of the State of Saxony-Anhalt (SOG LSA) in the version published on May 20, 2014