Campact eV publishes a graphic on its website that is intended to show the “five worst facts” about the planned police duties law.
Are these claims true? For the most part, yes!
The draft law exists: The “state government’s draft law for more effective surveillance of dangerous people ,” which the Bavarian Interior Minister Joachim Herrmann presented to the state parliament on Wednesday, February 14, 2018, provides for comprehensive new powers for the Bavarian police. The law was passed on May 15, 2018 with a majority of 90:68 and two abstentions, as the CSU has an absolute majority in all responsible committees and in the state parliament. The Bavarian police will then be given secret service powers. But are the claims in the graphic true?
1. “The police can lock you up for 3 months. Without a lawyer. Without a crime.”
In suspected cases, so-called “threats” can be taken into preventative detention without a judge’s order, initially for three months and then theoretically for an unlimited period with court approval. The person concerned is heard by the judge, but does not receive a public defender. However, this change has been in effect since summer 2017 and is not specifically included in the new PAG draft.
2. “Police officers are browsing the photos in your cloud”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check”]Right![/mk_info]
The police are allowed to tap telephones and break into information systems. She is also allowed to access storage media, break into homes and delete or change data. However, they are only allowed to do this in the event of a so-called “imminent danger” (PAG Art. 11 Para. 3) - a term that was introduced during the last tightening in 2017, and a judge must agree.
3. “Police officers read your WhatsApp chats”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check”]Right![/mk_info]
The police can oblige Google, Apple and Co. to make their data available for the purpose of dragnet searches. This also applies in the event of “imminent danger” and only with the approval of a judge.
4. “The police arm themselves with hand grenades”
Police have technically been allowed to use hand grenades for a long time. What's new is that explosive bullets can be used. These may also be used against people “if they themselves clearly intend to use firearms, explosives or other means that are comparably dangerous in individual cases and the previous use of other weapons by the police is obviously futile or inadequate.” (PAG draft Art . 86 paragraph 2)
But that doesn't mean that every patrol officer will carry hand grenades. In practice, only the special operations teams in Munich and Nuremberg will be able to use them - with the approval of the state police chief.
5. “The police can write emails in your name.”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check”]Right![/mk_info]
With the change to the PAG, the police are not only allowed to monitor your communications, they are also allowed to change the content they find on the devices they search. But they may only be deleted or changed “in cases of urgent danger,” “if the danger cannot be averted otherwise,” according to the draft law (PAG draft Art. 45 Para. 1). This should, for example, allow you to change files for specific attack plans. Theoretically, this could also be used to write emails in your name, even if this is not specifically written into the law. The law does not specify the exact options - which, among other things, makes it questionable.
Sharp criticism of the law
Criminal lawyers criticize the draft law as unconstitutional because it undermines important fundamental rights that are protected by the constitution. The police are given far too many powers, which endangers the separation of powers, criticizes Claudia Stamm, a member of the Bavarian state parliament. Bavaria's Interior Minister Herrmann defends the law: "The most efficient defense against danger is to prevent it from arising in the first place," he is quoted by the SZ .
CSU accuses critics of disinformation
In an emergency motion dated April 25, 2018, members of the state parliament accused their opponents (including the SPD, the FDP and the GREENS) of “joining forces with left-wing extremists and other anti-constitutional organizations.” This application speaks of an unprecedented disinformation campaign on social media.
[vc_message message_box_color=“grey” icon_fontawesome=“fa fa-info”] This application is publicly available at www.bayern.landtag.de . [/mk_info]
We already wrote about the
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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )

