Mandatory Child Detention Affects Common Good
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Free Trial Already a customer? Sign In. Home Products Lexis Toggle navigation. Smart tools and smarter ecosystem Why change products for each task? The leader in legal analytics Advanced legal analytics, AI and visualization technology enhance your search and reveal previously unknowable connections in ways no one else can. Support Center. Show Me How Videos. Lexis Overview Take a tour of Lexis features in this overview video. After transmission to another agency, the receiving agency is to retain the original labelling. Section 8 shall apply accordingly as regards the deletion of personal data. The transmitting agency shall keep a record of the fact of the data transmission and its purpose. If the data referred to in sentence 1 no.
A record shall be made of the fact of the deletion. Where the deletion has only been postponed for the purpose of a possible pre-judicial or judicial review, the data may only be used for this purpose; they shall be blocked for uses for other purposes. Section 4 sentences 2 to 5 and 5 to 7 shall apply accordingly, with the proviso that. Section b Statistics; reporting requirements. The Federal Office of Justice shall produce a summary of the measures ordered nationwide during the reporting year and shall publish it on the Internet. Before publication on the Internet, the Federal Government shall submit to the Bundestag a report detailing those measures ordered pursuant to section c in the previous calendar year.
A body search, a search of the property and of the private and other premises of a person who, as an offender or participant, is suspected of committing an offence or of handling stolen data or is suspected of aiding after the fact or of obstructing prosecution or punishment or of handling stolen goods may be made for the purpose of his apprehension, as well as in cases where it may be presumed that the search will lead to the discovery of evidence. For the purposes of apprehending an accused who is strongly suspected of having committed an offence under section 89a or section 89c 1 to 4 of the Criminal Code or under section a, also in conjunction with section b 1 of the Criminal Code, or one of the offences designated in such provision, a search of private and other premises shall also be admissible if they are located in a building in which it may be assumed, on the basis of certain facts, that the accused is located.
Section Night-time search. Section Procedure for searches. Searches pursuant to section 1 sentence 2 shall be ordered by the judge; in exigent circumstances, the public prosecution office shall be authorised to order such searches. No such request shall be necessary if the search is to be carried out on premises which are inhabited exclusively by persons other than members of the Federal Armed Forces. Section Calling in occupant of premises to be searched. If he is absent, his representative, an adult relative, a person living in his household or a neighbour shall, if possible, be called in to assist. This provision shall not apply to the occupants of the premises indicated in section 2. Section Notification of reason for search; inventory.
Upon conclusion of the search, the person affected thereby shall, upon his request, be given written notification indicating the reason for the search sections and and, in the case under section , the offence. Upon request, he shall also be given a list of the objects which were taken into custody or seized; if nothing suspicious was found, however, he shall be given a certificate to this effect. Section Seizure of other objects. The public prosecution office shall be informed thereof. Sentence 1 shall not apply to searches carried out pursuant to section 1 sentence 2.
Section Marking of seized objects. Objects taken into custody or seized shall be precisely recorded and, in order to prevent mistakes arising, shall be marked with an official seal or in some other appropriate manner. Section Examination of identity papers and electronic storage media. Otherwise, they shall deliver any identity papers the examination of which they deem necessary to the public prosecution office in an envelope, which is to be sealed with the official seal in the presence of the holder.
Data which may be of significance for the investigation may be secured; section 98 2 shall apply accordingly. Section a Undercover investigators. Undercover investigators may also be used to investigate serious criminal offences if certain facts substantiate the risk of a repetition. Their use shall be admissible only if other means of investigating the serious criminal offence would offer no prospect of success or would be much more difficult. Undercover investigators may also be used to investigate serious criminal offences if the special significance of the offence makes the operation necessary and other measures offer no prospect of success.
They may take part in legal transactions using their legend. Section b Procedure for deployment of undercover investigators. In exigent circumstances and if the decision of the public prosecution office cannot be obtained in time, such decision shall be obtained without delay; the measure shall be terminated if the public prosecution office does not give its consent within three working days.
Consent shall be given in writing and for a specified period. Extensions shall be admissible provided the conditions for the use of undercover investigators continue to apply. In exigent circumstances, the consent of the public prosecution office shall suffice. The measure shall be terminated if the court does not give its consent within three working days. Subsection 1 sentences 3 and 4 shall apply accordingly. The public prosecution office and the court responsible for the decision as to whether to consent to the use of the undercover investigator may require the identity to be revealed to them.
In all other cases, maintaining the secrecy of identity in criminal proceedings shall be admissible pursuant to section 96, in particular if there is reason to fear that revealing the identity would endanger the life, limb or liberty of the undercover investigator or of another person or would jeopardise the continued use of the undercover investigator. Section c Powers of undercover investigators. Undercover investigators are permitted to enter private premises using their legend with the consent of the entitled person.
Such consent may not be obtained by any pretence of a right of access extending beyond the use of the legend. Section Setting up of checkpoints at public places. At a checkpoint, all persons shall be obliged to establish their identity and to subject themselves or objects found on them to a search. Section a Provisional disqualification from driving. Certain types of motor vehicles may be exempted from provisional disqualification from driving if special circumstances justify the assumption that the purpose of the measure will not be jeopardised thereby. This shall also apply if the driving licence was issued by an authority of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area if the holder is ordinarily resident in Germany.
However, if a driving ban is imposed in the judgment pursuant to section 44 of the Criminal Code, the return of the driving licence may be postponed if the accused does not protest. The driving licence may be seized pending such endorsement section 94 3 , section Section b Seizure to secure confiscation or rendering unusable of object. If there are cogent reasons justifying this assumption, such seizure shall be ordered. Section 94 3 shall remain unaffected. Section c Enforcement of seizure. It may also be indicated by marking with a seal or in some other manner.
The provisions of the Code of Civil Procedure governing compulsory enforcement in respect of claims and other property rights shall apply analogously. The request in respect of making the declarations referred to in section 1 of the Code of Civil Procedure shall be included in the order of attachment. If the property has been entered in the Register of Ships, the Register of Ship Constructions or in the Register of Liens on Aircraft, an entry in respect of the seizure shall be made in the relevant register.
Registrable ship constructions or aircraft may be registered for entry to that end; the provisions governing applications by persons entitled to request entry in the register by virtue of an executory title shall apply accordingly in this case. Section d Effect of enforcement of seizure; return of movable property. The sum paid shall take the place of the asset. It may also be surrendered to the person concerned, subject to revocation at any time, for his further use until the conclusion of the proceedings; the measure can be made dependent on the person concerned providing security or complying with certain conditions.
Section e Asset seizure to secure confiscation of equivalent sum of money. If there are cogent reasons justifying this assumption, such asset seizure shall be ordered. In addition, the order shall indicate a sum of money which the person concerned may deposit in order to avert enforcement of and demand the setting aside of the seizure; section 1 of the Code of Civil Procedure shall apply accordingly. Section f Enforcement of asset seizure. Sections and of the Code of Civil Procedure shall apply analogously. Section c 2 sentence 3 shall apply accordingly. If the property has been entered in the Register of Ships, the Register of Ship Constructions or in the Register of Liens on Aircraft, sections and of the Code of Civil Procedure shall apply analogously.
Section g Setting aside of enforcement of asset seizure. Section h Effect of enforcement of asset seizure. Section 80 2 sentence 2 of the Insolvency Code Insolvenzordnung shall apply to the security interest arising upon enforcement of asset seizure. Enforcement of an order in accordance with section of the Fiscal Code shall remain unaffected insofar as the right of seizure arose by virtue of an offence. Section i Insolvency proceedings. The security interest shall not expire in respect of objects located in a state in which the opening of the insolvency proceedings is not recognised.
Sentences 1 and 2 shall apply accordingly to a lien in respect of the security deposited pursuant to section g 1. The public prosecution office shall refrain from filing such request to open insolvency proceedings if there is justified reason to doubt that the insolvency proceedings will be opened on the basis of such request. The insolvency administrator shall surrender the amount of the surplus to the public prosecution office. Section j Procedure for ordering seizure and asset seizure. In exigent circumstances, the order may also be made by the public prosecution office. This shall not apply where the seizure of movable property has been ordered. In all cases, the person concerned may apply for a court decision.
The competence of the court shall be governed by section Section k Procedure for enforcing seizure and asset seizure. Where such asset seizure is to be enforced pursuant to the provisions governing the attachment of movable property, this may be done by the authority designated in section 2 of the Act on the Recovery of Claims of the Judicial Authorities Justizbeitreibungsgesetz , by the court bailiff, the public prosecution office or its investigators section of the Courts Constitution Act. Section 98 4 shall apply accordingly. Section of the Code of Civil Procedure shall apply accordingly as regards service to a financial institution authorised to conduct business in Germany.
Section l Notification requirements. Notification shall include a reference to the regulatory content of section h 2 and of the procedure pursuant to section i 2 , section h 2 and section k. Notification may also be published in some other suitable manner. The same shall apply if the aggrieved person is unknown or his whereabouts are not known. After completion of the relevant measures, the public prosecution office shall have the notification deleted. Section m Management of seized or attached items. It may delegate such administrative tasks to its investigators section of the Courts Constitution Act or to a court bailiff.
In appropriate cases, these tasks may also be delegated to another person. Section n Surrender of movable property. Section o Procedure for surrender. Section p Emergency sale. The proceeds of sale shall take the place of the object sold. Its investigators section of the Courts Constitution Act shall have this authority if there is a danger of the object deteriorating before a decision can be obtained from the public prosecution office. The order, as well as the time and place of the sale, shall be made known to them insofar as this appears feasible. The public prosecution office may delegate this task to its investigators section of the Courts Constitution Act. In all other respects, the provisions of the Code of Civil Procedure concerning the realisation of objects shall apply analogously to the emergency sale.
The court, in exigent cases the presiding judge, may order the suspension of the sale. Section q Seizure of material and equipment. Further limitations on the seizure may be included in the order. Seizure of other printed material or of the equipment used for or intended for its production within the meaning of section 74d of the Criminal Code may also, in exigent circumstances, be ordered by the public prosecution office.
The order made by the public prosecution office shall become ineffective if it is not confirmed by the court within three days. Those parts of the material giving rise to the seizure shall be designated in the order for seizure. If the time limit set in sentence 1 is not sufficient due to the particular scope of the investigations, the court may, upon application by the public prosecution office, extend the time limit by another two months.
The application may be repeated once. Before preferring public charges or applying for independent confiscation, the seizure is to be set aside upon application therefor by the public prosecution office. Chapter 9 Arrest and provisional arrest. Section Conditions for remand detention; grounds for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed. Section a Danger of recidivism as ground for arrest. Section Remand detention for less serious offences. Section Warrant of arrest. Section a Issuance of warrant of arrest; translations. A copy of the warrant of arrest shall be handed over to the accused at the time of his arrest; if he does not have a sufficient command of the German language, he shall additionally be provided with a translation in a language he understands.
If it is not possible for a copy and, where necessary, a translation to be handed over to him, he must be informed without delay, in a language he understands, of the grounds for his arrest and the accusations levied against him. In that case, the copy of the warrant of arrest and, where necessary, a translation shall subsequently be handed over to him without delay. Section b Instruction of arrested accused. If written instruction is clearly insufficient, oral instruction shall also be given. The same procedure shall apply accordingly if it is not possible to give instruction in writing; written instruction shall, however, be given subsequently insofar as this can reasonably be done.
The accused shall confirm in writing that he was given instruction; if he refuses, this shall be documented. An accused who does not have a sufficient command of the German language or who is hearing or speech impaired shall be advised in a language he understands that he may, in accordance with the provisions of section 1 to 3 of the Courts Constitution Act, demand that an interpreter or a translator be called in free of charge for the entire criminal proceedings. A foreign national shall be advised that he may demand notification of the consular representation of his home state and have messages communicated to the same.
Section c Notification of relatives. The same duty shall exist in respect of every further decision on the continuation of detention. Section d Information communicated to penal institution. In addition, it shall inform the penal institution of. Sentences 1 and 2 shall apply accordingly in the event of changes in the communicated facts. Communications shall be dispensed with insofar as the facts have already otherwise become known to the penal institution. The public prosecution office shall also transmit a copy of the bill of indictment to the penal institution and communicate the preferment of charges to the court competent pursuant to section 1.
Section e Information passed on by penal institution. Other rights of the penal institution to communicate information to the court and to the public prosecution office shall remain unaffected. Section Appearance before competent judge. He shall be given the opportunity to remove grounds for suspicion and arrest and to present those facts which speak in his favour. Section 4 and 5 shall remain unaffected. Section a Appearance before judge at nearest local court. Section 3 shall apply at this examination, to the extent possible. If it transpires in the course of the examination that the warrant of arrest has been revoked, that an application for its revocation has been made by the public prosecution office section 3 or that the person apprehended is not the person designated in the warrant of arrest, the apprehended person shall be released.
If he raises other objections to the warrant of arrest or its enforcement which are not manifestly unfounded or if the court has doubts regarding the continuation of detention, it shall inform the competent court and the competent public prosecution office without delay, using the fastest means available in the circumstances; the competent court shall without delay review whether the warrant of arrest is to be revoked or its enforcement suspended. The accused shall be informed of this right and shall be instructed pursuant to section 4. Section Suspension of enforcement of warrant of arrest. The following measures, in particular, may be considered:. In particular, a direction not to have contact with co-accused persons, witnesses or experts may be considered.
Section a Suspension upon provision of security. Section b Relationship between remand detention and other measures involving deprivation of liberty. Enforcement of remand detention shall precede the enforcement of detention pending extradition, provisional detention pending extradition, detention pending deportation and detention pending exit from the federal territory. Enforcement of other measures involving deprivation of liberty shall precede the enforcement of remand detention, unless the court rules otherwise because the purpose of remand detention so requires.
Section Review of detention. The right of complaint against the decision on the application shall remain unaffected. Section Procedure for review of detention. Section a Oral hearing for review of remand detention. The court may order that, under the conditions of sentence 1, the oral hearing shall be conducted in such a way that the accused is located somewhere other than the court and the hearing is simultaneously transmitted audio-visually to the place where the accused is located and to the courtroom. If the accused is not brought to the oral hearing and if the procedure pursuant to sentence 2 is not followed, defence counsel shall safeguard his rights at the hearing.
In that case, the accused shall be assigned defence counsel for the oral hearing if he does not yet have such counsel. Sections , and shall apply accordingly. The court shall determine the type and extent of evidence to be taken. A record shall be drawn up of the hearing; sections to shall apply accordingly. If this is not possible, the decision shall be given within one week at the latest. Section b Application of provisions concerning appellate remedies. Sections to and section 2 shall apply accordingly to applications for a review of detention section 1 and to applications for an oral hearing. Section Restrictions during remand detention relating to grounds for arrest.
In particular, an order may be made that. The orders shall be made by the court. If its order cannot be obtained in time, the public prosecution office or the penal institution may make a provisional order. The order shall be submitted to the court for approval within three working days, unless it has in the meantime ceased to be operative. The accused shall be informed of orders. The order referred to in sentence 2 no.
The court may revocably transfer the implementation of orders to the public prosecution office, which may avail itself of the services of its investigators and the penal institution in effecting such implementation. The transfer shall not be contestable. The information may be given by the accused himself. The accused shall be advised in good time prior to the commencement of telecommunications of the duty to so inform.
They shall apply accordingly to communications between the accused and. The measures necessary to determine the existence of the conditions of sentences 1 and 2 shall be taken by the authority competent pursuant to subsection 2. The application shall not have suspensive effect. The court may, however, make provisional orders. In this case as well, the competence of the court shall be governed by section Section a Court decision on measure taken by enforcing authority. An application for a court decision may also be made if an official decision applied for in the enforcement of remand detention is not given within three weeks.
Section Revocation of warrant of arrest. In particular, it is to be revoked if the accused is acquitted or if the opening of the main proceedings is refused or if the proceedings are terminated other than provisionally. The public prosecution office may order the release of the accused simultaneously with such application. Section Continuation of remand detention beyond six months. If the main proceedings commenced prior to the expiry of the time limit, the running of the time limit shall be suspended until pronouncement of the judgment.
In cases over which a higher regional court has jurisdiction pursuant to section of the Courts Constitution Act, the Federal Court of Justice shall decide instead. Section Special review of detention by higher regional court. The higher regional court may decide on the continuation of remand detention after an oral hearing; in that case, section a shall apply accordingly. In respect of the further review of remand detention section 1 , the higher regional court shall have jurisdiction until a judgment is given imposing a sentence of imprisonment or a measure of reform and prevention involving deprivation of liberty.
It may refer the review of remand detention to the court having jurisdiction pursuant to the general provisions for a period not exceeding three months. In the cases under section 1 , the higher regional court shall decide on an application for an oral hearing at its discretion. This review must be repeated no later than every three months. Section a Maximum duration of remand detention in case of danger of recidivism. In the cases under section 1 , enforcement of remand detention may not be maintained for longer than one year if it is based on the grounds for arrest under section a.
Section Revocation of measures to suspend enforcement of detention. Section Forfeiture of security paid. They shall be entitled only to lodge an immediate complaint against the decision. Before a decision is given concerning the complaint, these persons and the public prosecution office shall be given the opportunity to support their applications orally and to discuss the investigations which were made. After expiry of the time limit for lodging a complaint, the decision shall take binding effect as a final civil judgment. Section Competence for issuance of warrant of arrest. In urgent cases, the presiding judge may also issue the warrant of arrest. Section Competence for further court decisions. If the warrant of arrest has been issued by a court hearing the complaint, jurisdiction shall rest with the court which gave the preceding decision.
If the preparatory proceedings are conducted at another place or if remand detention is enforced at another place, the court may, upon application by the public prosecution office, transfer its jurisdiction to the local court competent for that other place. If that place is divided into more than one court district, the Land government shall issue a statutory instrument determining which local court is to be competent. The Land government may delegate this authorisation to the Land department of justice. During proceedings on an appeal on points of law, the court whose judgment is being contested shall have jurisdiction.
Individual measures, in particular those under section , shall be ordered by the presiding judge. In urgent cases, he may also revoke the warrant of arrest or suspend its enforcement section if the public prosecution office consents thereto; otherwise, the decision of the court shall be obtained without delay. Section b of the Prison Act Strafvollzugsgesetz shall apply accordingly to the proceedings.
Section a Provisional placement. Sections and shall apply accordingly, subject to the proviso that the higher regional court shall review whether the conditions for provisional placement continue to apply. Release shall not be delayed by the fact that appellate remedies have been sought. Section 3 shall apply accordingly. Section Provisional arrest. The establishment of the identity of a person by the public prosecution office or by police officers shall be governed by section b 1. This shall apply accordingly if an offence may be prosecuted only with authorisation or upon request to prosecute.
Section a Exemption from ordering or continuation of provisional arrest. Section b Provisional arrest and warrant of arrest in accelerated proceedings. The warrant of arrest shall be limited to a maximum period of one week, running from the day of the arrest. Section Appearance before judge following provisional arrest. The judge shall examine the person brought before him in accordance with section 3. Otherwise, he shall issue a warrant of arrest or an order for placement upon application by the public prosecution office or, if the public prosecutor cannot be reached, ex officio.
Section 4 shall apply accordingly. Section Appearance before judge following provisional arrest after preferment of public charges. Section Warrant of arrest prior to filing request to prosecute. If, because of a suspected offence which may be prosecuted only upon request, a warrant of arrest is issued before the request is filed, the person entitled to file such a request, or, if there are several such entitled persons, then at least one of them, shall be immediately informed of the issuance of the warrant of arrest and be notified that the warrant of arrest will be revoked if the request is not filed within a time limit to be determined by the judge, which shall not exceed one week.
If no request to prosecute is filed within this time limit, the warrant of arrest shall be revoked. This shall apply accordingly if an offence may be prosecuted only upon authorisation or upon a request to prosecute. Section 3 shall apply. Chapter 9a Further measures to secure criminal prosecution and enforcement of sentence. Section Alert for arrest. The decision on the issuance of a warrant of arrest or an order for placement shall be obtained without delay and at the latest within one week. In the cases under sentence 2, the decision of the public prosecution office shall be obtained without delay. The order shall become ineffective if it is not confirmed within 24 hours. The offence of which he is suspected, the place and time of its commission, as well as circumstances which may be relevant for his apprehension may be indicated.
Section a Alert to determine whereabouts. When determining the whereabouts of a witness it shall be made clear that the person sought is not the accused. There shall be no public search if overriding interests of the witness meriting protection present an obstacle thereto. Images of the witness may be used only if other means of determining his whereabouts would offer no prospect of success or would be much more difficult.
Section b Publication of images of accused or witness. The publication must make it clear that the person in the image is not an accused person. Section c Ordering and confirmation of searches. Searches pursuant to section a 1 and 2 shall be ordered by the public prosecution office; in exigent circumstances, they may also be ordered by its investigators section of the Courts Constitution Act. Section Provision of security; authorised recipient. Sections 94 and 98 shall apply accordingly.
Chapter 9b Provisional disqualification from exercising profession. Section a Ordering and revocation of provisional disqualification from exercising profession. Section 70 3 of the Criminal Code shall apply accordingly. Chapter 10 Examination of accused. Section Appearance before judge. Section Immediate examination. The accused shall, without delay, be brought before the judge and examined by him. He may not be kept in custody by virtue of the order for longer than the end of the day following the day on which he was first brought before the court.
Section First examination. He shall be advised that the law grants him the right to respond to the charges or not to make any statement on the charges and the right, at any stage, even prior to his examination, to consult defence counsel of his choice. If the accused wishes to consult defence counsel prior to his examination, he shall be provided with information which makes it easier for him to be able to contact such defence counsel. Reference is thereby to be made to any emergency legal services which are available. He shall, further, be advised that he may request evidence to be taken in his defence and, under the conditions of section 1 and 2 , request the appointment of defence counsel in accordance with section 1 and 3 ; in the latter case, reference shall be made to the resulting costs referred to in section In appropriate cases, the accused shall also be informed that he may make a written statement and of the possibility of victim—offender mediation.
Section a Prohibited examination methods; prohibited evidence. Compulsion may be used only insofar as this is permitted by criminal procedure law. Threatening the accused with measures not permitted under the provisions of criminal procedure law and holding out the prospect of an advantage not envisaged by statute shall be prohibited. Statements which were obtained in breach of this prohibition shall not be used, even if the accused consents to their use. No more than three defence counsel may be chosen. Subsection 1 sentence 2 shall apply accordingly. Section Own choice of defence counsel.
Section a Exclusion of defence counsel. An exclusion which is to be revoked in accordance with no. He may not visit an accused who is not at liberty in relation to other matters. Subsection 4 shall apply accordingly. Section b Exclusion of defence counsel in case of danger to national security. Defence counsel shall also be excluded from participating in proceedings the subject of which is one of the offences designated in section 74a 1 no. Section a 3 sentence 1 no. Section c Competence for decision on exclusion of defence counsel. If the Federal Public Prosecutor General is conducting the investigations in the preparatory proceedings or if the proceedings are pending before the Federal Court of Justice, the Federal Court of Justice shall decide.
If the proceedings are pending before a panel of the higher regional court or of the Federal Court of Justice, another panel shall decide. The submission shall be made upon application by the public prosecution office or ex officio through the intervention of the public prosecution office. The latter may make submissions in the proceedings. Free Menstrual Products free menstrual products. Supporting Black Canadian Communities supporting black canadian communities. Standing up for Universal Public Health Care standing universal public health care.
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