By one understands the free freedom of choice within a put framework.

The (also resolution principle called) is a legal technical term from the range of the administration. This concerns a Unterfall of the discretionary decision and applies in principle, as long as not a legal regulation something else mentioned (for example in the criminal law, see below).

Within the range of the interference administration (for example police) the question arises whether and approximately whom (selection discretion and/or disturber selection) to be proceeded is. The does not only apply with the resolution discretion, but straight also with the selection discretion.

However the freedom of choice, whether is to be acted, can narrowed into an obligation to act its (so-called discretion reduction on zero), for example if important right goods are endangered or if the Nichteinschreiten were disproportionate.

The is for example in the police right in "§ 3 I MEPolG and/or in the land laws in "§ 3 PolG "§ 14 I SUCTION mV, kind 5 I BayPAG, regulated.

In the procedure after the law over irregularities (proceedings for assessing fines) the prevails ("§ 47 OWiG).

In the criminal law prevailing applies only exeptionally applicable offers under certain conditions to the prosecution authorities the possibility of stopping a criminal procedure if the debt of the author appears small ("§ 153 StPO), the fulfilment from editions to the removal of the interest of prosecution is sufficient ("§ 153a StPO) or the punishment apart from the punishment for other acts of the same author, which can be expected, substantially important does not fall ("§"§ 154, 154a StPO). The juvenile court law contains appropriate regulations ("§"§ 45, 47 JGG). Afterwards the attitude of a procedure is possible against a young person or a growing up only by a public prosecutor or a youth judge.

Articles in category "Opportunitprinzip"

We found here 6 articles.