Coercive means

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With coercive means , the obligation of a natural or legal person to do a certain act , toleration or omission is emphasized. Coercive measures are regulated in federal and state laws. The regulations are essentially the same.

Public law / administrative law / police law

The administrative law and procedural law provide numerous means of repression. These means of coercion are not penalties in the legal sense, but are usually repressive in nature.

Are means of coercion in administrative and police law

The periodic penalty payment is always applied when the act or failure to do so cannot easily be perceived by a third party for the person obliged.

The immediate compulsion is effected by exposure to persons or property by physical violence , aids physical violence or use of weapons. The obliged citizen is to be forced to do a certain thing, to tolerate or not to do something. Direct coercion is the means that may only be used if the other means do not promise success and proportionality is maintained.

In the case of substitute performance , the authority takes the action itself and then demands the costs from the person actually required to act. This coercive measure is applied when there is a general danger and other coercive means would delay a delay (example: an obstacle protrudes into the traffic area and the owner refuses to remove it).

As a rule , the authority must threaten all means of coercion. A further prerequisite is that the order on which the administrative obligation is based is enforceable because it has either become final (incontestable), an objection or action has no suspensive effect ( Section 80 (2) sentence 1 nos. 1 to 3 VwGO ) or the suspensive effect of objection and / or lawsuit by the official order for immediate execution (Section 80 (2) sentence 1 No. 4 VwGO) and has not been restored by the administrative court in the proceedings pursuant to Section 80 (5) VwGO.

Certain coercive measures are regulated nationwide by special law:

Tax law

In tax law , penalties can be imposed. They intervene at different stages of the taxation process:

  • The penalty payment according to the Implementing Regulations can be threatened and imposed after the tax liability has arisen and before the tax return is submitted in order to encourage the taxpayer to submit the tax return.
  • When determining the tax, a late surcharge can be imposed as a penalty for the late submission of the declaration (even if a fine has already been threatened or collected).
  • If the assessed tax is not paid on time, late payment surcharges apply by law for exceeding the due date.

Prison and other measures involving deprivation of liberty (accommodation, detention pending deportation)

Sometimes prisoners in prison or deportation custody go on hunger strike , in some state laws (e.g. Berlin) force-feeding is possible in these cases . In addition, direct coercion may be exercised against inmates (see main article).

In housing laws for the mentally ill is a compulsory treatment for people who can make no decisions due to the disease provided. In North Rhine-Westphalia, compulsory treatment is also allowed for people who are capable of making decisions but who refuse treatment.

The coercive means of deportation include the full-face helmet, hand and ankle cuffs, plastic cuffs, Velcro straps and ropes. Special caution is required when using them, as there have already been several deaths from suffocation in Germany and other European countries, as the person to be deported u. Due to the high adrenaline content of the blood and the associated sometimes irrational behavior, it is not physically able to notice and point out shortness of breath.

Coercive means in Switzerland

These are defined relatively comprehensively in Switzerland: All measures to enforce constitutional obligations:

See also

Individual evidence

  1. ^ HR Schwarzenbach: Outline of Administrative Law , 7th edition