Because of the increasing number of infections, there have been stricter corona restrictions again since the beginning of November.
Does this give the police more authority during controls?
With the second wave of corona in autumn, there were again closings in the gastronomy and cultural scene and tightened contact restrictions *.
Since November 2nd, only
two households and a maximum of ten people have been
allowed to meet nationwide
.
But who controls
compliance with these rules
?
After all, you keep hearing about so-called "Corona parties".
Can the police
enter
the
apartment
in such a case
?
And is she entitled to check private rooms only on suspicion?
More about this:
Corona lockdown in November: Can I move?
Basic Law: Inviolability of the home
First of all, the following applies in Germany: Your own home is inviolable.
Article 13 of the Basic Law also specifies when and how an encroachment on the citizen's privacy is legally permitted.
This may only
be done
“in the case of imminent danger”
, for example if a human life is at risk or public safety and order.
But this also explicitly includes
“combating the risk of epidemics”.
The police cannot enter the apartment “just like that” to
carry out general controls
and, for example, to check how many people are there.
This is only allowed if, for example, she is following up a specific reference to a violation of the Corona rules.
Also read: The
pensioner is stuck abroad for months because of Corona - now the landlord wants to throw her out of the apartment.
Can the police come into my apartment if they suspect something?
Even if there is a suspicion or a report, the police cannot simply enter an apartment.
According to the Basic Law, a
judicial decision is
necessary for this - this is only available if it is absolutely necessary to clear up the regulatory offense, as n-tv quotes the lawyer Lea Voigt, the chairwoman of the hazard prevention law committee in the German Bar Association.
Arbitrary, spontaneous controls
are therefore
excluded
.
If Voigt has its way, the police do not need to allow any further freedom in this area.
A weakening of the right to inviolability of the home is extremely problematic and unnecessary.
(lw) * Merkur.de is part of the nationwide Ippen-Digital editorial network.
You can also read:
"Corona lockdown": Do I have to wear a mask in the stairwell of the apartment building?
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