NCJ Number
72404
Date Published
1978
Length
16 pages
Annotation
The draft of a uniform police law for West Germany is analyzed and criticized with emphasis on the constitutionality of special police powers and on the concept of police shooting to kill.
Abstract
The draft of a proposed law establishing uniform police powers and law enforcement procedures throughout West Germany was agreed upon by the States in 1976. The draft establishes a clear distinction between police responsibilities and police powers. Police powers are divided into three categories; standard powers; 'special powers;' and the 'General Clause,' a measure of last resort which empowers the police to overstep its usual legal limitations. Critics argue that the draft does not specify clearly enough when the 'General Clause' applies and that, furthermore, according to the West German Constitution the application of the clause can only be regulated by the Federal government, not by the States. Several clauses in the draft concerning special police rights go far beyond the Federal code of criminal procedure. For instance, the Federal code does not provide for a forced identification of witnesses or other persons, whereas the draft permits such a procedure. With regard to the regulations of police shooting to kill, the following observations are made: First, the proposed law should state clearly that the protection and liberation of a hostage has priority over the seizure of the offender. Second, because of the danger of injuring innocent bystanders, machine guns (like hand graenades) should not be used for shooting at individuals in a crowd. The article includes a bibliography. --in German.