Right to equal protection

The protection of private rights is a feature of private law and shall be taken by the public and the civil law by appropriate standards. It serves the legal protection of natural and legal persons.

The protection of private rights is guaranteed original by the judiciary (especially the district courts ). Can a judgment within the framework of the interim relief is not or can not be obtained in time, and there is a need for urgency before, occurs for ensuring the police as part of their Eilzuständigkeit. She is security. This is here either by the police or law after the criminal procedure law; in the latter case, but only in cases of recovery assistance.

Furthermore, it is also a police action in the context of assistance, an allocated by the administrative law duty of the police, possible.

Examples from the police law

  • The identity detection and subsequent personal exchange, eg for the enforcement of claims for compensation ( for demand things, there is virtually no information duties for injured individuals, and certainly no stopping Rights).
  • The handling of lost property ( Fund-/Verlustanzeigen, adoption and custody of Verwahrstücken ).
  • The sending of an aggressor after domestic violence cases in anticipation of an expected preliminary injunction regarding the housing acquisition, the contact ban and maintaining a spatial distance to the victim.
  • The property assurance.

Negative example: A customer calls the police brought about because he is dissatisfied with the unfriendly behavior of a seller, and calls for the publication of its Personnel to complain in writing later. - The will of the complainant is neither commanded (lack of legal interest ) nor legally enforceable (for lack of legal basis). Interests worthy of protection within the meaning of the law are not available. Ultimately, an involuntary identity determination by the police would be both illegal disproportionate ( interference with fundamental rights vs. Dissatisfied customer ).

  • Police and administrative law ( Germany )
Amtsgericht Restraining order
642480
de