A measure is sovereign acting, which intervenes in (reason) the rights of a person and is carried out against their will. Measures can be arranged and accomplished only by responsible office-holders.

The right interference experiences however by the legal standard of the measure, among other things due to an applicable power, a justification.

Measures can be implemented by means of administrative obligation or by means of direct obligation. As soon as the concerning grants the voluntariness of the execution (originally) of a sovereign activity, one does not speak no more of a measure.

Examples of measures

• Interferences into the liberty of the person

Arrest, arrest, binding

• Interferences into the inviolability of the dwelling

Search of the apartment

• Interferences into the physical soundness

Physical investigation (e.g. blood withdrawal), direct obligation (application of physical force and firearm use as its Unterfall)

• Quite on property

Sicherstellung, seizure, material detention, direct obligation (use of force against things)

At the police between measures to the danger warning and for prosecution one differentiates.

Examples for this are:

• Case example for strafprozessuale measures: A domicileless Hotelgast cannot pay its room calculation (neither money still another bank card possesses). When the police arrives, it becomes aggressive. The police officers lead it off with the police grasp (measure: Application of physical force as part of the direct obligation), place its identity firmly (measure: Identification) and take it provisionally firmly (measure: Arrest).

• Case example for measures to the danger warning: The police is called to a knifing and one the author has the knife still in the hand. It does not want to publish this however voluntarily. The officials entreissen it the knife (measure: Sicherstellung of the measurer to the danger warning). Afterwards further measures (depending upon situation) would follow from the range of the strafprozessualen measures, e.g. the arrest or the identification.

• Case example for interferences into the fundamental rights, which do not represent a measure: A potential shoplifter is held in a department store by a shop detective, until the police arrives. In order to prove its innocence, he asks now explicitly on his part the policemen to scan it. Actually the officials hereby in the right to the physical soundness by means of a search to intervene, since the person wants this however, effected here an interference into the fundamental rights of the person, without accomplishing however a measure.

The arrangement of some measures is only a limited circle of acquaintances (office-holder) reserved: the determination persons of the public prosecutor's office, the police execution officials, the state lawyers or judges.

See also:

• Permission
• Interference right

Articles in category "Measure (right)"

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