NCJ Number
67747
Journal
NEUE POLIZEI Volume: 33 Issue: 1 Dated: (1979) Pages: 8-11
Date Published
1979
Length
4 pages
Annotation
THE DEFINITION OF POLICE OFFICERS AND POLICE DUTIES IN ACCORDANCE WITH THE NEW BAVARIAN POLICE REGULATIONS (WEST GERMANY) ARE SUMMARIZED.
Abstract
THE NEW BAVARIAN POLICE REGULATIONS CONTAIN MORE PRECISE DEFINITIONS OF THE TERMS 'POLICE' AND 'POLICE DUTIES,' AND STRENGTHEN THE LEGAL POSITION OF OFFICERS AND PUBLIC ALIKE. MEMBERS OF THE POLICE FORCE ARE DEFINED AS BAVARIAN LAW ENFORCEMENT AGENTS; FIRE FIGHTERS, CONSTRUCTION INSPECTORS, AND ADMINISTRATIVE OFFICIALS ARE NO LONGER CONSIDERED POLICE OFFICERS. THE BAVARIAN STATE POLICE IS NOT DIVIDED INTO STATE POLICE, BORDER POLICE, CRIMINAL POLICE, ALERT POLICE, AND POLICE MANAGEMENT. ALTHOUGH LOCAL POLICE OFFICERS ARE ESSENTIALLY RESTRICTED TO THEIR COUNTIES, THEY MAY BE ACTIVE THROUGHOUT BAVARIA IN ACCIDENT ASSISTANCE AND IN THE IMMEDIATE PREVENTION OF OFFENSES. THEY MAY INTERFERE THROUGHOUT WEST GERMANY (1) IN ACUTE DANGER TO THE REPUBLIC OR ONE OF ITS STATES, (2) IN DISASTERS, AND (3) IN ACCORDANCE WITH INTERSTATE REGULATIONS. WHETHER THE ENFORCEMENT PERSONNEL OF HUNTING AND FISHING REGULATIONS POSSESS POLICE RIGHTS IS STILL AN OPEN QUESTION. IN CASES OF DISASTER, THE WEST GERMAN ARMY MAY BE GRANTED POLICE POWERS. IN FULFILLING THEIR OFFICIAL DUTIES WITH THE POPULATION, POLICE OFFICERS ARE NOW REQUIRED BY LAW TO PRODUCE OFFICIAL IDENTIFICATION ON DEMAND. THE POLICE MAY ASSUME THE DUTIES OF OTHER AUTHORIZED AGENCIES TO AVERT IMMEDIATE DANGER; SUCH SITUATIONS INCLUDE TRAFFIC CONTROL, THE DISPOSAL OF CORPSES OR PARTS OF CORPSES, AND THE ENFORCEMENT OF COMMERCIAL CLOSING TIME REGULATIONS. THE POLICE MAY TAKE OVER SUCH DUTIES ON A LONG-TERM BASIS IF THE AUTHORIZED AGENCY DOES NOT POSSESS SUFFICIENT PERSONNEL, EQUIPMENT, EXPERTISE OR LEGAL COMPETENCY. THE ARTICLE INCLUDES THE EXACT LEGAL DENOTATIONS IN FOOTNOTES. --IN GERMAN. (SAJ)