A graphic entitled “Travel warning for the Free State of Bavaria” lists 6 allegations about the Police Tasks Act (PAG), are they correct?
“420 Germany” site true ? For the most part, yes!
The draft law exists: The “state government’s draft bill for the 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?
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1. “The police in Bavaria are allowed to confiscate mail, monitor private communications and search hardware without specific suspicion.”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check”]Mostly true[/mk_info]
The Bavarian police are actually allowed to confiscate mail, tap telephones and break into information systems. It may oblige Google, Apple and Co. to make their data available for the purpose of dragnet searches. “Without concrete suspicion” – this formulation can be debated; these measures are made possible by the concept of “imminent danger”. If this means that there is no concrete suspicion of a crime, then it is correct.
Heribert Prantl summarizes it like this in the Süddeutsche Zeitung: The law “turns good prevention into bad, dangerous, citizen-endangering – a repressive – pre-prevention.” There is no longer a distinction between suspects and unsuspects, there is then “only Dangerous persons who must be monitored for safety. Whether this can be described as “without concrete suspicion” is debatable.
2. “The police in Bavaria are allowed to investigate crimes against citizens without specific suspicion”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check“]True[/mk_info]
The PAG allows the police to investigate people who are classified as an “imminent danger” - there does not necessarily have to be a concrete suspicion of committing a crime. Undercover investigators can also be deployed in homes under a false name and with a legend, as well as on the Internet, whether as partners on Whatsapp or another social medium. A judge's order is only necessary if it concerns the surveillance of a specific person.
3. “The police are allowed to search, store, delete and modify private data.”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check“]True[/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.
4. “The police are allowed to carry 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 may take people into “preventative detention” for up to three months without charging them.”
[vc_message message_box_color=”green” icon_fontawesome=”fa fa-check”]True, but it’s been like this for a long time! [/mk_info]
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.
6. “The police may prescribe a location for people and force them to report to the police.”
[vc_message message_box_color=“green” icon_fontawesome=“fa fa-check”]Right![/mk_info]
The police are allowed to issue stay orders and stay bans. That is, it could force citizens not to leave their place of residence or to change their place of residence. There is no need for a judge’s order for this.
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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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 )


