EFFECTIVE CRIME FIGHTING THROUGH RULES IN A STATE OF LAWS - INFORMATION ON THE LAW MODIFYING THE RULES OF CRIMINAL PROCEDURE OF APRIL 14, 1978 - A STUDY INCLUDING THE LEGAL SITUATION IN BELGIUM, DENMARK, ENGLAND, FRANCE.

• NCJ Number: 66280
• Author(s): ANON
• Date Published: 1978
• Length: 38 pages
• Corporate Author: Oeffentlichkeitsarbeit
• Publication Format: Document
• Language: German
• Country: West Germany (Former)

Annotation

THE WEST GERMAN DEPARTMENT OF JUSTICE DISCUSSES LEGAL CHANGES MADE TO FACILITATE THE COMBATTING OF TERRORISM AND COMPARES THESE CHANGES TO THE LEGAL SITUATION IN OTHER EUROPEAN COUNTRIES.

Abstract

THE REFORM OF THE WEST GERMAN CODE OF CRIMINAL PROCEDURE IS A RESULT OF THE EXPERIENCES DERIVED FROM THE MASSIVE TERRORIST ATTACKS IN 1976 AND 1977. THE LEGAL REFORM EXTENDS POLICE RIGHTS IN THREE MAIN AREAS. FIRST, THE NEW LAW PERMITS THE POLICE TO SEARCH AN ENTIRE APARTMENT HOUSE (RATHER THAN JUST ONE APARTMENT) IF AN OFFENDER IS SUSPECTED TO BE IN THE BUILDING. SECOND, THE LAW UNIFIES THE INDEFINITE AND HETEROGENEOUS REGULATIONS IN GERMAN STATES BY PERMITTING THE ESTABLISHMENT OF IDENTIFICATION CHECK POINTS IN PUBLIC AREAS SUBSEQUENT TO SERIOUS TERRORIST OFFENSES. THIRD, UNIFIED RULES CONCERNING THE TREATMENT OF INDIVIDUALS DURING IDENTITY CHECKS ESTABLISH THE PRINCIPLE OF PROPORTIONALITY IN ALL WEST GERMAN STATES: IN DETERMINING AN INDIVIDUAL'S IDENTITY, THE POLICE MUST PROCEED AS COURTEOUSLY AND SMOOTHLY AS POSSIBLE; SUSPECTED OFFENDERS MAY RECEIVE ROUGHER TREATMENT THAN NONSUSPECTS. OPPONENTS OF THE LAW REFORM HAVE ARGUED THAT IT CONSTITUTES A SERIOUS LIMITATION OF CIVIL LIBERTIES, BUT A COMPARISON OF THE NEW RULES TO THE LEGAL SITUATION IN BELGIUM, DENMARK, ENGLAND, FRANCE, ITALY, THE NETHERLANDS, AUSTRIA, SWEDEN, AND SWITZERLAND SHOWS THAT THE WEST GERMAN REFORM DOES NOT IMPOSE GREATER RESTRICTIONS THAN ALREADY EXIST IN THOSE COUNTRIES. THE ARTICLE CONTAINS THE TEXT OF THE WEST GERMAN LEGAL REFORM. --IN GERMAN. (SAJ)