Direct obligation (UZ) is application and effect to persons or things through:

• physical force
• Aid of the physical force
• Weapons

by responsible and authorized office-holders.

Physical force is each direct physical effect on persons or things. Aids of the physical force are in particular chains, water throwers, technical barriers, service dogs, service horses and official vehicles. Weapons are officially certified blow and firearms, attraction materials and explosive means. Officially certified weapons are usually at least pistol, rifle and submachine gun, in some Lands of the Federal Republic furthermore guns, very rarely also machine gun (Bavaria, Bundespolizei) and hand grenade (Bavaria). Attraction materials are in some Lands of the Federal Republic and with the federation weapons in other (Bavaria) aids. Electrical impulse weapons (so-called Taser) will become only classified under Bavaria used and as weapon, in Lower Saxony them there at present testweise used and are likewise classified as weapon.

Generally

The reason for the application of direct obligation can do punish-pursuing (repressive) or gefahrenabwehrendes (preventive) - in each case sovereign - acting to be. Direct obligation is regularly a measure for the penetration of a preceding measure, therefore a subsequent measure.

Direct obligation must be threatened, as far as possible. This can take place via language or gesturing (with communication difficulties) or via delivery of a warning shot (the latter only with firearm use).

Direct obligation by service forces of the federation is regulated in the law over the direct obligation. The application of the direct obligation outside of the original competencies of the federation depends thereby on the regulations of the law over the direct obligation of the Land of the Federal Republic, in which the direct obligation is to be used. The authorization basis for the application of direct obligation results in principle not from the respective obligation law, but from the StPO and/or the danger warning laws (police regulations) in connection with the administrative enforcement law.

To the practice office-holder authorized

Federation

Legal basis: Law over the direct obligation on practice of public force by enforcement officer of the federation

• Police enforcement officer of the federation
  • Police enforcement officer in the federal police
  • An official in the kriminalpolizeilichen execution service of the federation
  • Inspector of the auxiliary police of the countries
  • Police enforcement officer with the German Bundestag
• An official of the federal fiscal authorities
  • An official of the tariff border service (border supervision service and customs clearance service)
  • An official of the preventive customs service
  • An official of the guard and company service
  • all remaining officials of the federal fiscal authorities, which are entrusted with tasks of execution
• Officials of the water and shipping administration of the federation if current and shipping-police powers exercise them
• Assigned the federal office for goods traffic with tasks of monitoring
• An official of the Federal courts and the authorities of the federal administration of justice in the execution and safeguard service
• Persons, who are entrusted with aforementioned tasks by the responsible federal authorities
• Persons, who federal authorities a being subordinate and the tasks of the prosecution or irregularity pursuit notice and in the execution service stand

Legal basis: Law over the application of direct obligation and the practice of special powers by soldiers of the German Federal Armed Forces and allied armed forces as well as civilian awake persons:

• Soldiers of the German Federal Armed Forces the military awake and safety tasks notice
• Soldier of allied armed forces, which were consulted in individual cases for military awake and safety tasks
• civilian awake persons (in the service of the German Federal Armed Forces not standing persons), who notice tasks of awake and for this by the Federal Ministry of the defense or an agency of the German Federal Armed Forces appointed as it were assigned

Federation and national official

Legal basis: Law over the execution of the imprisonment and the liberty-extracting measures of the improvement and safety device (taut execution law):

• Official in penal institutions

Baden-Wuerttemberg

Legal basis: Police regulation

• An official of the Polizeivollzugsdienstes; police enforcement officer and the members of the Freiwilligen of police service are meant.

Legal basis: Law over the accommodation psychologically patient (accommodation law)

• Official in recognized mechanism of the Psychatrie

Bavaria

Legal basis: Law over the tasks and powers of the Bavarian national police

• The service forces of the police of the Free State of Bavaria (kind 1 PAG), active in the execution service; police enforcement officer is meant.

Berlin

Legal basis: Law over the application of direct obligation with the practice of public force by enforcement officer of Land Berlin

• Police enforcement officer
• Law enforcement officer and other official in the law execution service
• Law being awake master
• Determination persons of the public prosecutor's office (only, if not the appropriate Federal law application finds)
• Official of authorities, which the senate equipped with powers of police authorities
• Officials, who are entrusted with the use of administrative obligation, in particular those of the bezirklichen offices for order

Bremen

Legal basis: Bremi police regulation

• Polizeivollzugsdienst
• Civil servants, auxiliary police officers and others with police powers persons entrusted if them to it are particularly authorized

Hamburg

Legal basis: Law for the protection of public security and order

• Police enforcement officer
• An official of the administration of justice (with the weapons only batons)

Hessen

Legal basis: Hessian law over public security and order

• Belonging one of the police authorities
• Full admitting services, which are not police enforcement officer, which however by the law the use of direct obligation is permitted
  • Official with fishery and which are active forest and fighter protection or with the supervision of fishery
  • Controlconstantly, the special tasks fulfill and the rights to those are awarded by police execution officials (firearms only after authorization by the responsible Ministry)
  • Auxiliary police officer
  • Bedienste in institutes in which a measure of the improvement and safety device is carried out, against persons, either in the institute are accommodated or against persons, the one accommodated person to release to want or illegally in such an institute be (only physical force and aid)
  • Bedienste in a public psychatrischen hospital or in an institute for extraction against persons due to the regulations of the code of criminal procedure are provisionally accommodated or against persons, the one such person to release want (only physical force and aid)
  • Bedienste from mechanisms in which persons after the law over the extraction of the liberty spirit-ill, more spirit-weakly, drug or alcohol-addicted persons are accommodated (only physical force and aid)
• other persons, who direct obligation is permitted

Lower Saxony

Legal basis: Law of Lower Saxony over public security and order

• with police powers equipped persons

Characteristics:

• Submachine guns may use only police officers.
• other weapons except submachine guns may use only police officers, auxiliary police officers, Forstbeamte and confirmed gamekeepers.
• Explosives may use only particularly authorized persons.

North Rhine-Westphalia

Legal basis: Police regulation North Rhine-Westphalia

• An official of the police of the country North Rhine-Westphalia

Legal basis: Order authority law (OBG) in connection with the administrative enforcement law

• Officials (an official and employee) of the offices for order

Saarland

Legal basis: Saarland police regulation

• An official of the police (with it officials of the police administrative authorities and the execution police are meant)

Saxonia

Legal basis: Saxonian police regulation

• Police execution service

Schleswig-Holstein

Legal basis: General administrative law for the country Schleswig-Holstein

• Enforcement officer
  • Police enforcement officer
  • Persons, who are particularly authorized for this by the carrier of a task
  • by statutory order enforcement officer generally authorized

Characteristic: The firearm use is entitled to only particularly authorized officials. Are authorized ("§ 256 LVwG)

• Police enforcement officer
• Officials and other official of the courts and authorities of the administration of justice, who are entrusted with safeguard and tasks of execution, however no bailiffs
• Course police officer
• Official in the hunt and forest protection, if they carried an oath of allegiance out or obligated upon oath or officially confirmed are.

See also

• Binding
• Arrest technology

Articles in category "Direct obligation"

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