Resistance to individuals who are on a par with law enforcement officers
Resistance to or assault on persons who are on an equal footing with law enforcement officers is the designation of a criminal offense that has been punishable by imprisonment for up to three years in Germany since May 30, 2017 in Section 115 of the Criminal Code . In particularly serious cases, the prison sentence is from six months to five years (Section 115 (1) in conjunction with Section 113 (2) StGB).
Protected group of people
The provision expands the group of persons protected in § 113 , § 114 of the Criminal Code and, in addition to resisting enforcement officers , punishes resistance and assault on persons who are on an equal footing with law enforcement officers and their auxiliaries, auxiliary workers in the fire brigade, disaster control and rescue services .
Section 115 (1) of the Criminal Code protects people who have the rights and obligations of a police officer or who are investigators for the public prosecutor's office without being public officials within the meaning of Section 11 (1) No. 2 of the Criminal Code. Section 115 (2) of the Criminal Code includes persons who are called in to support the official act in this protection. Section 115 (3) in conjunction with Sections 113, 114 of the Criminal Code protects rescue workers from the fire brigade, disaster control or rescue service who are hindered or physically attacked in the event of an accident, common danger or emergency.
criticism
Since rescue operations do not represent official or enforcement actions from the outset and do not fit into the context of the protected state enforcement activity from the start, the systematic proximity to §§ 113, 114 StGB is not convincing. According to critics, the alternative helper in Section 115 (3) of the Criminal Code should logically be located in the context of the failure to provide assistance ( Section 323c (2) of the Criminal Code). According to this, anyone who obstructs people who provide or want to provide help to a third party in the event of an accident, common danger or distress is punished .
Individual evidence
- ↑ Fifty-second Law Amending the Criminal Code - Strengthening the Protection of Law Enforcement Officers and Rescue Workers. In: Federal Law Gazette Part I No. 30. Bundesanzeiger Verlag, May 29, 2017, accessed on January 20, 2019 .
- ↑ Draft of a law to amend the Criminal Code - Strengthening the protection of law enforcement officers and rescue workers BT-Drs. 18/11161 of February 14, 2017
- ↑ Eva Kohler: The new regulation of §§ 113 ff. StGB - finally or again? University of Applied Sciences for Public Administration NRW, June 2018, p. 38 ff.
