Who are law enforcement agencies
Who are law enforcement agencies?
When does the principle of legality apply?
The Principle of legality
The principle of legality is safeguarded in two ways: a substantive safeguard lies in the provision of obstruction of punishment in the office according to § 258a StGB. According to this, the public prosecutor would be liable to prosecution if he refrains from prosecution despite knowledge.
What does the Austrian principle of legality mean?
Every administrative act that is taken must be covered by a law enacted by the legislature. The Principle of legality should make the actions of the administration for the citizen predictable and calculable and thus prevent arbitrariness.
What happens if I get a criminal complaint?
If you display and the police have presented the results of their investigation to the prosecutor, the prosecutor will decide whether to bring charges. As the word suggests, the prosecutor is the state's lawyer.
What happens if you file a criminal complaint?
Also if the applicant with the Criminal complaint requires the criminal prosecution of an act, a public charge is not guaranteed. With the Criminal complaint only the commencement of a preliminary investigation is guaranteed, the outcome of which the applicant is informed.
What happens if I file a criminal complaint?
Certain crimes are only prosecuted by the public prosecutor if if the injured one Criminal complaint has asked. In doing so, you express your wish that an act should be prosecuted.
Is the police obliged to file a report?
Any deed that appears must do the Pick up police and send a file to the prosecutor. Only the public prosecutor's office checks the legal situation, not the one police. ... If you want to report an act, you can also police or write a letter to the public prosecutor. The display is not tied to any form.
For which offenses can the police refrain from prosecuting?
Public prosecutor and court can from the prosecution of an offense according to § 29 BtMG refrain and terminate the proceedings if the culprit's guilt would be considered minor, no public interest in the Prosecution exists and the unauthorized traffic in narcotics through personal consumption in ...
Where can I see if I have been reported to the police?
You can ask, but if you get a truthful answer is doubtful. Investigations can be withheld from you for tactical reasons. At the latest with a summons or a dismissal order from the StA, you have security.
When will the police investigate?
The public prosecutor or the police initiates investigative proceedings in accordance with Section 160 of the Code of Criminal Procedure or Section 163 of the Code of Criminal Procedure if there is initial suspicion of a criminal offense. To do this, the law enforcement authority must be made aware of facts that justify a suspicion of a criminal offense.
What happens if you report someone?
Usually a complaint goes to the public prosecutor's office. They then check if there is actually a criminal offense. If if this is the case, proceedings are opened and the alleged perpetrator (if man knows who it is) has to go to court.
What happens if you are charged with assault?
A deliberately easy one Mayhem is subject to a penalty under the StGB, provided that the offense was reported and proven in the process. According to Paragraph 223 of the Criminal Code, the range of punishment ranges from a fine to imprisonment of up to five years.
What if you get an ad?
Immediately after a police investigation becomes known - but definitely before man should testify to the matter with the police or other authorities (see above) man therefore contact a specialized lawyer immediately, who will formally inform the accused from appearing to the police for questioning.
What is the rule of law?
The thought behind the Rule of law is that the exercise of all state authority should be fully bound to the law. “Legislation is bound by the constitutional order, the executive and the judiciary are bound by law and order.
What are the principles of the rule of law?
There is no freedom without a law and there is no law without a state. The constitutional state belongs to the reality of general freedom. His Principles are the framework of a republic, a community of free people, which of course also has to be democratic and social.
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