Monday, 15 October 2012
Unlawful arrest: investigation set
The unlawful arrest of environmental activists Cecile Lecomte half years ago in Giessen for the police officers involved no criminal penalties. The investigation was set according to information from "HR info" as the radio station in Frankfurt / Main announced. The charge of false imprisonment can not be maintained because the police would not have known that they were acting unlawfully, the prosecutor cited Giessen.
Lecomte had climbed in July 2009 on the facade of the Landgericht Gießen and had chalked a slogan against GMOs on the wall. Then she was arrested and had to spend a night in the cell. However Lecomte had filed before the appellate court. The judges decided in 2010 that the arrest was unlawful.
Award Most Helpful Answer by Asker
Must a police officer, from base motives detain a passer-by who has violated the law NO?
No. However, it is possible that someone just like that makes your mood. You have to remember that any deprivation of liberty, and even if only 1 second, regelmentiert strictly. This means among other things, that any deprivation of liberty must be documented and justified.
The passer has the right to defend themselves against it?
Against unlawful actions of state power everyone has the right to defend themselves. Whether the measures are actually illegal, but that the person should not judge better yourself but an RA so. Usually ranges from an opposition to the measure itself.
Can we shoot cops in public, just as evidence?
There is no fundamental "Polizeifotografierverbot", however, the police, where there is a fear that the pictures are published, confiscate the film or camera.
However, the police, where there is a fear that the pictures are published, confiscate the film or camera. >
I know this is partly done, but it lacks any legal basis. That's easy:
Must be carried out in which cases the seizure and ensure the offenses are set out in the Code of Criminal Procedure and security in the police laws. But you will not find anywhere that film or the camera may be confiscated.
The police can film or camera confiscated not just
it has already been decided by the superior court that the police must. In the case concerned the seizure was conducted in response to the Police Act, because the fear was that the images should be published. Since I have no Juri account anymore, I can not tell you, unfortunately the judgment.
However, this is at the police from time to time relative to public figures, where 22 KUG is ineffective, so that a publication would be possible without approval.