Preventive fight against crime

The articles on crime prevention and the fight against crime thematically overlap. Help me to better differentiate or merge the articles (→ instructions ) . To do this, take part in the relevant redundancy discussion . Please remove this module only after the redundancy has been completely processed and do not forget to include the relevant entry on the redundancy discussion page{{ Done | 1 = ~~~~}}to mark. Domitius Ulpianus ( discussion ) 07:48, Jan. 12, 2019 (CET)

Preventive fight against criminal offenses (§ 1 Abs. 4 HSOG) stands in police and regulatory law in Hesse for the prevention of expected criminal offenses and for the preventive prosecution of future criminal offenses. As part of the preventive fight against criminal offenses, the police determine, collect and process information and data independent of suspicion on an authorization basis . In Hesse, Sections 13 to 30 HSOG are this authorization basis. Identity determination independent of suspicion is provided, for example, in Section 18 (2) No. 6 HSOG ( see also: Veil search ).

Police law also provides for preventive detention to prevent future crimes.

Section 2 (1) of the Law for the Protection of Public Safety and Order (SOG) stipulates that the police must also prevent expected crimes against public security and order and provide for the prosecution of future crimes in the context of hazard prevention. The provisions of federal or state law , in which the prevention of danger is specifically regulated, take precedence over the SOG. The special authorizations for precautionary data collection , storage, transmission and processing, and the special authorizations for covert investigation , which are standardized in §§ 14 ff. SOG, correspond to this assignment of tasks. The restrictable basic rights are cited in § 11 SOG. Fundamental rights that cannot be restricted by the SOG, so-called “police-fixed” fundamental rights are: “Human dignity” and freedom of religion and belief , as well as freedom of conscience , art and science .

A preventive fight against criminal offenses is constitutionally questionable. Measures taken in advance of a criminal offense if "factual indications justify the assumption" or, according to "knowledge of the situation", "that persons will commit criminal offenses of considerable importance" (§§ 14 para. 3, 15 para. 2, 17 para. 2, 18 para . 1 SOG) abolish the basic principle of the presumption of innocence ( see also: general suspicion ). The procedure authorizations are from within the Code of Criminal Procedure required condition of concrete Tatverdachtes and the concrete situation of danger disconnected the SOG ( see also: police and regulatory general provision and prohibition of excess ).

literature

Kurt Meixner and Dirk Fredrich: Hessian law on public safety and order (HSOG) with explanations and supplementary regulations . Richard Boorberg Verlag, Stuttgart 2005, ISBN 978-34150346-3-1 .

Individual evidence

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Web links

Hessian law on public safety and order (HSOG) in the version of January 14, 2005.

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