|
|
|
|
|
|
by jkingsbery
1017 days ago
|
|
|
I don't know much German, so I can't read the original article. It would be helpful to know if by "they might otherwise engage in climate protests," the people in question had planned to just say things but otherwise stay out of the way, or if rather the people in question had made public their plans to break laws (like blocking traffic, which many climate protesters have been doing lately). In the one case there is no crime, and governments shouldn't be detaining people just in case they commit a crime later. In the other case, even if someone isn't a terrorist, planning on breaking the law is itself a crime, and it's not "preventative detention." |
|
|
"Legally, this police approach is called preventive detention because it is not detention for a crime that has been committed. The police laws of the different states allow this for different lengths of time. In Bavaria, up to one month in prison is permitted, which may be extended by a judge for a maximum of another month.
The so-called preventive or preventive detention is very controversial. The relevant laws were originally created to prevent terrorists from carrying out attacks. However, this form of detention is now also permitted in the case of the “imminent commission or continuation of an administrative offense of considerable importance for the general public,” as the Bavarian police law states. Lawsuits against this have so far been rejected in Bavaria. However, a final clarification about the legality of this approach is still pending."