Incarceration

Deprivation of liberty or deprivation of liberty is the restriction of the fundamental right to liberty of the person ( see also Habeas Corpus ) by state institutions.

The following questions are to the lawful restriction. The unlawful deprivation of liberty is treated in the article.

Deprivation of liberty can be taken on the basis of different laws, a distinction is made between deprivation of liberty for law enforcement, security and those in administrative or civil law.

Prosecution

The vast range of deprivations of liberty attributable to the prosecution. In criminal law and penal law, there are several terms that are different in that they come in different stages of the process for application. These include the arrest, the arrest, detention on remand, the intermediate adhesive, the term of imprisonment Imprisonment, detention, and the open implementation.

There are also peripheral areas of law enforcement, which also deprivations of liberty imposed in rare cases. These include the detention of immigration law, the Erzwingungshaft in misdemeanor cases, the criminal organization accommodation under detention, measures of correction and prevention, of forensic psychiatry and forensic psychiatry.

Security

The second major area of ​​deprivation of liberty is in the security field: police custody and preventive detention, care legal restrictions of accommodation and compulsory admission.

Among the various forms of regulation of the states in Germany include the accommodation after the placement procedure and the Mentally - ill - laws, in Austria the accommodation and in Switzerland the welfare generic imprisonment. In Germany, the requirement for a self contained accommodation in state laws is regulated.

Germany

In Germany, Article 104 of the Basic Law allows a deprivation of liberty only under special circumstances (Article 104 paragraph 1 sentence 1 of the Basic Law: Laws of title; Art 104 paragraph 2 sentence 1 of the Basic Law: Judge of title).

Besides the above mentioned reasons, there is the deprivation of liberty in the administrative enforcement law (replacement) obsessive and foreclosure law ( according to the Civil Procedure Code ) under insurance under penalty of perjury. In particular, for the deprivation of liberty within the detention and custodial measures after the Infection Protection Act, there was a special procedure law, the law on the judicial process in deprivation of liberty of 29 June 1956 ( Federal Law Gazette I, p 599). This law was repealed on 1 September 2009, and in the new FamFG ( Book 7, § § 415 et seq ) Template: § § / Maintenance / juris - side) incorporated.

Austria

The Austrian criminal law understands by deprivation of liberty that what is called the German criminal detention. ( § 99Vorlage: § / Maintenance / RIS search ÖStGB Section 1: Who is holding another one caught illegally or it deprives the personal freedom in any other way ... )